EMT convicted in Elijah McClain death

EMT Peter Chicuniek was sentenced Friday to five years in prison and three years of parole for second-degree unlawful drug administration assault and criminally negligent homicide in connection with the 2019 death of 23-year-old Elijah McClain. received.

He was sentenced to one year for manslaughter, which will run concurrently with a five-year sentence for assault. His sentence for the crime is reportedly expected to be between five and 16 years in prison.

In handing down the sentence, Judge Mark Warner said: “The court has no reason to doubt the numerous letters it has received confirming that Mr. Ciczniec is a man of good character.” “And in this context, to the extent that the possibility of rehabilitation is relevant here as well, he is likely to do so.”

Sichniec, along with co-defendant Jeremy Cooper, are accused of administering an overdose of ketamine to sedate McClain after an encounter with police on August 24, 2019.

Mr. Sichniec was found guilty of assault in the second degree unlawful drug administration and criminally negligent homicide in the latest series of criminal charges related to the McClain case tried by the Colorado Attorney General. Ta.

Mr. Sichniec and Mr. Cooper were both acquitted of second-degree assault with intent to inflict serious bodily injury. Cooper was acquitted of a charge of assault in the second degree unlawful administration of drugs.

Both men had pleaded not guilty to the charges.

“When I was little, becoming a firefighter was one of my many dreams as an adult,” Sheneen McClain, Elijah McClain's mother, said in her testimony. “I have always seen firefighters as local heroes, up until the day they helped kill my son, Elijah McClain.”

McClain was on his way home from a convenience store when he was confronted by police after a 911 caller told authorities he had seen a “creepy” figure in the area.

McClain was unarmed and wearing a ski mask at the time. His family said he had anemia, a blood disease that makes people feel cold more easily.

When officers arrived at the scene, McClain was told they had the right to stop him because he was “suspicious.”

In police body camera footage, McClain can be heard telling police he was going home and that “I have a right to go where I'm going.”

Officer Nathan Woodyard placed McClain in a carotid hold and, along with two other officers at the scene, forcibly removed McClain to the grass and restrained him.

When paramedics arrived at the scene, investigators said McClain was given 500 milligrams of ketamine for “rapid sedation to minimize struggle time,” per department policy, and taken to the ambulance. He was taken for a ride, but reportedly suffered a heart attack there. .

According to the indictment, Cicuniec and Cooper were at the scene for about two minutes before diagnosing McClain with excited delirium.

Excited delirium is characterized by the FBI as a “potentially fatal medical condition that involves psychotic behavior, elevated body temperature, and an extreme fight-or-flight response by the nervous system.”

State's Attorney Shannon Stevenson told jurors in the paramedic's trial that paramedics are only allowed to administer ketamine if the patient is suffering from excited delirium and poses a danger to themselves or others. It was explained that only

“Should more questions have been asked to ensure treatment?” Warner said. “And should there have been a better medical evaluation of Elijah McClain before administering ketamine? The answer is simply, yes.”

McClain's cause of death had previously been listed as “undetermined,” but a revised autopsy report listed it as “complications from ketamine administration following forced restraint.” The manner of death was listed as “unknown” as in the first report.

McClain, who weighed 143 pounds, was given a higher dose of ketamine than recommended for someone his size, causing his overdose, said Steven Cena, a pathologist with the Adams County Coroner's Office.

Prosecutors argued that Mr. Sichniec and Mr. Cooper did not give Mr. McClain a proper medical evaluation before administering ketamine upon their arrival at the scene. Prosecutors also criticized paramedics who waited six minutes to check McClain's pulse after administering ketamine.

“Without following any training or protocol, they intentionally injected Elijah McClain with an excessive amount of ketamine as he lay on the ground, barely moving and struggling to breathe,” Stevenson said. said during the trial of Mr. and Mr. Cooper. “They didn't do any evaluation. They didn't say a word to Elijah. They didn't lay a finger on him. And they gave him 150% of the dose that a person of his size should take. They gave him an overdose. And they couldn't even equalize.'' Watch this pulse go away. they knew better. ”

Cooper's lawyers argued that the intensity of the police presence, how paramedics had to estimate McClain's weight with an officer on top of him, and who had the authority to act as an EMT. He argued that emergency workers lacked procedures for the situation they were in, citing methods for determining whether or not they were injured. Sites and protocols for accurately assessing whether a patient is suffering from excited delirium.

Mr Sitiniec's lawyer, Michael Rowe, told the jury that protocol was why paramedics did not check his vitals again until after he was placed on a stretcher.

McClain was declared brain dead by doctors and died on August 30, 2019, three days after he was removed from life support, officials said.

“I wish I could have told Dr. MacLean that Elijah was going to be okay,” Cicuniec said, tearing up during her testimony. “It's such a shame that Elijah is no longer with us. She feels that with all her heart. Mrs. McClain has tragically lost her son and we have lost a patient. I will not take it lightly.”

Former police officer Randy Roedema was found guilty of criminally negligent homicide and third-degree assault in McClain's death.

Two other officers, Jason Rosenblatt and Nathan Woodyard, were acquitted of charges of reckless manslaughter and criminally negligent homicide. Rosenblatt was also acquitted of second-degree assault.