Judge Frees Paramedic Convicted In Death Of Elijah McClain From Prison

DENVER (AP) — A Colorado paramedic convicted in the death of Elijah McClain, a Black man whose name became part of the rallying cries for social justice that swept the U.S. in 2020, is being released from prison after a judge reduced his sentence to four years of probation Friday.

Judge Mark Warner said during his ruling that Peter Cichuniec had to make quick decision the night of the arrest as the highest-ranking paramedic at the scene, the Denver Post reported. He also noted a background of no previous criminal history and good character for Cichuniec, who had an 18-year-career as a firefighter and paramedic before he was convicted.

Warner held that the case had “unusual and extenuating circumstances,” in reference to a part of Colorado’s mandatory sentencing law, which allows a court to modify a sentence after a defendant has served least 119 days in prison if 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 restrained him and put him in a neck hold. His final words — “I can’t breathe” — foreshadowed those of George Floyd a year later in Minneapolis.

Cichuniec and a fellow paramedic were convicted in December of criminally negligent homicide for injecting McClain with ketamine, a powerful sedative blamed for killing the 23-year-old massage therapist. Cichuniec also was convicted on a more serious charge of second-degree assault for giving a drug without consent or a legitimate medical purpose. The other paramedic avoided prison time, sentenced instead to 14 months in jail with work release and probation.

McClain’s death and others have raised questions about the use of ketamine to subdue struggling suspects,