Judge Frees Former Paramedic Found Guilty in the Death of Elijah McClain
COLORADO—
In December, former paramedic Peter Cichuniec was found guilty of criminally negligent homicide and second-degree assault in the 2019 death of a young Black man named Elijah McClain. Months later, he received the minimum mandatory sentence of five years in prison for supervising another paramedic who ultimately administered a lethal dose of ketamine to McClain during the botched arrest. He had been facing a possible prison sentence of more than 16 years.
Now, Colorado Judge Mark Warner has freed Cichuniec and reduced his sentence to 4 years probation, citing “unusual and extenuating circumstances.” According to Colorado’s mandatory sentencing laws, a sentence can be modified after a defendant has served 119 days in prison, if a judge sees fit to do so.
In his ruling, Judge Warner pointed to Cichuniec’s 18 years as a paramedic and firefighter, and the fact that he had no criminal history.
Judge Warner noted, “The court must also, and does today as well, look at the deterrence effect of the sentence.” He continued, “…For the most part, the court believes based on the issues that arose in this case, a deterrence effect has been really accomplished and there are unique circumstances to this case.”
The other paramedic on the scene did not receive prison time. Instead he received just over a year of jail time, work release, and probation.
Police and paramedics arrived on the scene in August of 2019 while responding to a call about a suspicious person wearing a ski-mask. 23 year old McClain, who was on his way home when the cops were called, suffered from a blood disorder which made it difficult for him to regulate his temperature.
During the arrest, police held McClain to the ground while Cichuniec, and the other paramedic present, administered enough ketamine for a 200lb person. McClain weighed just over 140lbs.
McClain’s mother and family strongly object to Cichuniec’s sentence modification and will continue to fight for justice.