Death of Elijah McClain: Judge releases convicted Colorado paramedic from prison

DENVER (AP) — A Colorado paramedic has been charged with the death of Elijah McClainA black man whose name became part of the rallying cries for social justice that swept the United States in 2020 will be released from prison after a judge reduced his sentence to four years' probation on Friday.

Judge Mark Warner said in his verdict that Peter Cichuniec had to make a quick decision on the night of the arrest because the most senior paramedic was on the scene. The Denver Post reportedHe also pointed out that Cichuniec had no previous convictions and was of good character. Before his conviction, he had worked as a firefighter and paramedic for 18 years.

Warner believed the case presented “unusual and extenuating circumstances,” citing a portion of Colorado's mandatory sentencing law that allows a court to change a sentence after a defendant has served at least 119 days in jail and the judge finds such circumstances.

McClain was walking down the street in a Denver suburb in 2019 when police, responding to a suspicious person report, forcibly detained him and placed him by the neck. His last words — “I can’t breathe” — was a harbinger of those George Floyd a year later in Minneapolis.

Cichuniec and a colleague of the paramedic were sentenced in December of involuntary manslaughter for injecting McClain with ketamine, a powerful sedative blamed for the 23-year-old massage therapist's death. Cichuniec was also convicted of a more serious charge of second-degree assault for administering a drug without consent or a legitimate medical purpose. The other paramedic escaped a prison sentenceinstead sentenced to 14 months in prison with work release and probation.

McClain's death and others have raised questions about the use of ketamine to subdue defensive suspects, and prosecutors have sent Shock waves through the ranks of paramedics in the USA

The case has already had a “chilling effect” and prevented similar crimes, Warner said at the hearing in Denver.

Following the ruling by Warner, the same judge who handed down the prison sentence in March, Cichuniec will be released from a prison in Colorado's northeastern plains, although the exact timing was not immediately clear.

“Pete is coming home!” Cichuniec's supporters chanted after Warner reduced the sentence at the hearing, according to the Post. They declined to comment to the newspaper.

Colorado Attorney General Philip Weiser said in a statement that he was disappointed with the sentence reduction but respected the court's decision.

Candice Bailey, a police reform advocate in the Denver suburb of Aurora who helped raise awareness of McClain's death and pushed for charges, called Cichuniec's sentence reduction “troubling.”

“When it comes to the killing of a human being and that human being is found guilty of it, and then we see the conviction overturned and the person put on probation – on parole – that is absolutely unbelievable to me,” she said.

The president of the International Association of Firefighters, which had warned that Cichuniec's conviction would set a frightening precedent for paramedics and firefighters, expressed relief at the verdict.

“Pete Cichuniec does not belong behind bars,” Edward Kelly said in a statement. “We will always prioritize and advocate for public safety and the ability of our members to do their jobs without fear of unfounded prosecution.”

McClain's mother, Sheneen McClain, declined to comment via email Friday. In March, she celebrated the judge's original ruling by raising her fist in the air as she left the courtroom that day.

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Gruver reported from Cheyenne, Wyoming. Amy Beth Hanson contributed from Helena, Montana.