Judge frees Colorado paramedic convicted in death of Elijah McClain from prison

DENVER — A Colorado paramedic has been convicted in the death of Elijah McClainA Black man whose name became part of the social justice rallying cries that swept across the US in 2020 is being released from prison after a judge reduced his sentence to four years of probation on Friday.

Judge Mark Warner said during his sentencing that Peter Cichuniec had to make a quick decision on the night of the arrest, as the highest-ranking paramedic on the scene, the Denver Post reportedHe also noted that Cichuniec had no criminal history and was of good character, having had an 18-year career as a firefighter and paramedic before his conviction.

Warner ruled that the case involved “unusual and mitigating circumstances,” citing a section of Colorado’s mandatory sentencing law that allows a court to modify a sentence after a defendant has served at least 119 days in jail if the judge finds such circumstances.

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

Cichuniec and a fellow paramedic were convicted in December of criminally negligent manslaughter for injecting McClain with ketamine, a powerful tranquilizer blamed for the 23-year-old massage therapist’s death. Cichuniec was also convicted of a more serious charge of second-degree assault for providing a drug without consent or a legitimate medical purpose. The other paramedic prison time avoidedwas instead sentenced to 14 months in prison with work release and probation.

The deaths of McClain and others have raised questions about the use of ketamine to subdue struggling suspects, and prosecutors have shock waves through the ranks of paramedics in the US

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

The ruling by Warner, the same judge who handed down the prison sentence in March, means Cichuniec will be released from a prison on the plains of northeastern Colorado. Exactly when is not yet clear.

“Pete’s coming home!” Cichuniec’s supporters chanted after Warner reduced the sentence during the hearing, the Post reported. They declined to comment to the newspaper.

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

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

“When you’re talking about taking a life and this person has been found guilty of that act, and then we see something like a sentence being overturned and a person being put on probation — being put on probation — it’s completely mind-boggling to me,” she said.

The president of the International Association of Fire Fighters, who had warned that Cichuniec’s conviction would set a chilling precedent for paramedics and firefighters, said he was relieved by the ruling.

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

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

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