Judge overturns 5-year prison sentence for paramedic in Elijah McClain's death

BRIGHTON – An Adams County District Court judge on Friday overturned the five-year prison sentence served by a former Aurora paramedic convicted in the death of Elijah McClain.

Judge Mark Warner overturned Peter Cichuniec's prison sentence and commuted the sentence to four years' probation. Prosecutors had previously said the move would “undermine the jury's verdict in this case.”

“The court finds that there are indeed unusual and mitigating circumstances and that they are truly exceptional in this particular case,” Warner said during a brief hearing.

Cichuniec, 51, was convicted of involuntary manslaughter and drug-induced assault in connection with the 2019 killing of McClain. The 23-year-old black man died after Aurora police put him in a chokehold and a paramedic injected him with an overdose of the sedative ketamine.

Cichuniec supervised the paramedic who injected the drug. He was the only one of the three people convicted in McClain's death to go to prison.

Warner sentenced Cichuniec in March to five years in prison – the minimum term required under Colorado law for an assault conviction – but Cichuniec asked the judge in June to reduce the sentence, arguing that there were “unusual and exceptional” circumstances in his case.

Under state law, Warner was allowed to reduce the mandatory minimum sentence after Cichuniec served at least 119 days in prison and the Colorado Department of Corrections assessed Cichuniec's risk level and reported to the judge, both of which occurred.

Prosecutors rejected Cichuniec's request, writing in a court document that reducing Cichuniec's sentence would not be in the interest of justice. They pointed out that it is rare for mandatory prison sentences to be reduced under the state law exemption that Cichuniec claimed. Between 1977 and June 2024, only 203 sentences were modified under that law.

“A change in sentence in this case would undermine the jury's verdict, the legislature's mandatory sentencing guidelines, and the deterrence of the misuse of anesthetics for inappropriate purposes,” the filing said.

In sentencing, Warner pointed to Cichuniec's lack of criminal history, his potential for rehabilitation, his good character and “pro-social” past, as well as his overall role in the events leading to McClain's death. Cichuniec was the highest-ranking paramedic on the scene, but had primary responsibility for “the logistics of the operation and the safety of others involved,” Warner said.

Cichuniec admitted on the witness stand during his trial that he and former paramedic Jeremy Cooper had overestimated McClain's weight and that the paramedics had given McClain too high a dose of ketamine. Cichuniec testified that he had been concerned about giving McClain too little ketamine and that he did not think he had enough time to administer a smaller dose, wait for it to take effect and then ask a doctor for permission to give him more, as his training required.

Warner noted in his decision on Friday that Cichuniec would have to make quick decisions that evening.

“The court must also consider the deterrent effect of the verdict, and is doing so today,” Warner said. “…The court largely finds, based on the issues presented in this case, that a deterrent effect was indeed achieved and that this case presents unique circumstances.”

Cichuniec was incarcerated at the Sterling Correctional Facility in northeast Colorado, and it was initially unclear how soon he would be released on parole. His supporters cried and chanted “Pete is coming home” after Warner reduced his sentence on Friday. They declined to comment to the Denver Post.

Prosecutor Jason Slothouber and defense attorney David Goddard also declined to comment. A spokesman for Colorado Attorney General Phil Weiser's office, Lawrence Pacheco, said prosecutors were “disappointed.”

“After reviewing the evidence, a federal grand jury indicted Cichuniec and a jury of his peers found him guilty of his criminal acts that resulted in the death of Elijah McClain,” he said. “We are disappointed that the court reduced his sentence today, but we respect the decision.”

McClain's mother, Sheneen McClain, did not attend Friday's hearing and declined to comment later. She opposed a reduced sentence, court records show.

Cichuniec was one of three first responders convicted in McClain's death after five of them were arrested and tried.

Cooper and former Aurora police officer Randy Roedema were both convicted of involuntary manslaughter and sentenced to 14 months of work release. Two other Aurora police officers, Jason Rosenblatt and Nathan Woodyard, were acquitted by jurors of all charges related to McClain's death.