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No decision reached by jury in paramedics trial Thursday

McClain Paramedics Trial

The Adams County jury deliberating the case of two paramedics facing charges in the 2019 death of Elijah McClain did not reach a decision by 5 p.m. on Thursday. 

That means they’ll resume deliberations on Friday morning. 

Aurora Fire Rescue medics Jeremy Cooper and Lt. Peter Cichuniec each face charges of reckless manslaughter, criminally negligent homicide and three counts each of second-degree assault. The assault charges include assault causing serious bodily injury, assault with a deadly weapon (ketamine) and illegally administering the sedative without consent.

McClain died a few days after three Aurora police officers stopped him as he walked home from a convenience store the night of Aug. 24, 2019 after buying iced tea.

During a struggle, the officers took McClain to the ground, handcuffed him and one used a neck hold that restricts oxygen flow to the brain. The paramedics now facing trial decided to give McClain a 500-milligram dose of ketamine, a sedative used in medical care as an anesthetic and for pain management.

The paramedics claimed they administered ketamine because they believed McClain was suffering from “excited delirium,” a controversial diagnosis typically described as an onset of symptoms, such as extreme aggression, strength, resistance to pain and paranoia.

He went into cardiac arrest and stopped breathing within a few minutes of receiving the injection, and he never regained consciousness. A doctor declared him brain dead in the hospital three days later. 

Prosecutors said on Wednesday the paramedics, particularly Cooper, would have understood McClain’s cries — such as “ow, ow,” and his final words, “Please help me” — had they listened. But Cooper had already made up his mind that McClain needed ketamine and didn’t pay attention to any cues from his words and behavior, they said.

The defense attorneys argued it’s not fair to judge their actions with the benefit of hindsight, which has included body-worn camera footage and opinions from medical experts. Nitpicking details about what they could have done differently doesn’t equate to criminal liability, their attorneys argued.

The paramedics were the last two of the five men indicted in McClain’s death to go to trial. In the first trial, a jury returned a split verdict for Aurora officers Randy Roedema and Jason Rosenblatt. Roedema was found guilty of criminally negligent homicide and third-degree assault and will be sentenced in January. That same jury acquitted Rosenblatt of all charges.

A separate jury acquitted Aurora officer Nathan Woodyard.

Denver Gazette Julia Cardi contributed to this report.



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