Paramedic convicted in Elijah McClain's death freed after judge reduces sentence
A paramedic who was convicted in the 2019 death of 23-year-old Elijah McClain has been released from prison after a judge reduced his sentence on Friday.
Peter Cichuniec, 51, was accused of administering an excessive amount of ketamine to sedate McClain after an encounter with police in August 2019 in Aurora, Colorado. He was found guilty in December 2023 of assault in the second degree for the unlawful administration of drugs and criminally negligent homicide.
Judge Mark Warner sentenced Cichuniec in March to five years in prison for the assault conviction, the minimum possible, and one year on the criminally negligent homicide conviction, to run concurrently. He had faced upward of 16 years behind bars.
On Friday, Warner reduced the sentence, converting it to four years of probation, according to The Associated Press.
A spokesperson for the Colorado Department of Corrections confirmed to ABC News Friday evening that Cichuniec is no longer in their custody.
Warner said during a hearing Friday that there are "unusual and extenuating circumstances and they are truly exceptional in this particular case," according to The Denver Post.
ABC News has reached out to Cichuniec's defense attorneys for comment.
The ruling comes after the defense filed a motion to modify Cichuniec's sentence under a provision in state law that allows a court to modify a mandatory sentence after the defendant has served at least 119 days in prison. At his sentencing, Cichuniec was granted 70 days of confinement credit for time already served.
Colorado Attorney General Philip Weiser, whose office prosecuted the case, had opposed the modification, arguing in part in court filings that a sentence modification would undermine the jury's verdict and that Cichuniec had admitted in court to knowingly overdosing McClain.
The state noted in its response to the defense's motion that McClain's mother objected to any modification of the sentence, which Weiser previously said, "sends a strong message that no profession, whether a paramedic, a nurse, a police officer, an elected official, or a CEO should be immune from criminal prosecution for actions that violate the law and harm people."
The Colorado Attorney General's Office said Friday that they are "disappointed" in the reduced sentence "but we respect the court's decision."
The head of the International Association of Fire Fighters, which had spoken out in support of Cichuniec throughout the case, said he was "relieved" by the judge's decision on Friday.
"Peter Cichuniec did not belong behind bars," General President Edward Kelly said in a statement. "The IAFF will always prioritize and advocate for the public's safety and our members' ability to do their jobs without fear of ill-conceived criminal prosecution."
McClain's case gained national attention months following his death amid protests in the wake of the police killing of George Floyd.
Cichuniec was one of five people charged in connection with McClain's death. He received the longest sentence among the three convicted.
His co-defendant, paramedic Jeremy Cooper, was found guilty of criminally negligent homicide and sentenced to four years of probation.
Former police officer Randy Roedema was found guilty of criminally negligent homicide and assault in the third degree in McClain's death and sentenced to 14 months in the county jail.
Two other officers, Jason Rosenblatt and Nathan Woodyard, were found not guilty on charges of reckless manslaughter and criminally negligent homicide. Rosenblatt was also acquitted on charges of assault in the second degree.
McClain was confronted by police while walking home from a convenience store on Aug. 24, 2019, after a 911 caller told authorities they had seen someone "sketchy" in the area.
McClain was unarmed and wearing a ski mask at the time. His family says he had anemia, a blood condition that can make people feel cold more easily.
When officers arrived on the scene, they told McClain they had a right to stop him because he was "being suspicious."
Woodyard placed McClain in a carotid hold and he and the other two officers on the scene moved McClain by force to the grass and restrained him, according to investigators.
When EMTs arrived at the scene, McClain was given a shot of 500 milligrams of ketamine for "rapid tranquilization in order to minimize time struggling," according to department policy, and was loaded into an ambulance where he had a heart attack, according to investigators.
McClain died on Aug. 30, 2019, three days after doctors pronounced him brain dead and he was removed from life support, officials said.
McClain's cause of death, which was previously listed as "undetermined," was listed in an amended autopsy report as "complications of ketamine administration following forcible restraint." The manner of death remained listed as "undetermined" as it was in the initial report.
McClain weighed 143 pounds but was given a higher dose of ketamine than recommended for someone his size and overdosed, according to Adams County coroner's office pathologist Stephen Cina.
The prosecution argued during the trial that Cichuniec and Cooper failed to give McClain adequate medical assessments before administering the ketamine when they arrived at the scene. Prosecutors also criticized the paramedics for waiting six minutes before checking McClain for a pulse after administering the ketamine.
Cichuniec's attorney, Michael Lowe, told the jury that the reason the paramedics didn't check his vitals again until he was on the gurney was because of protocol.
ABC News' Kiara Alfonseca and Tesfaye Negussie contributed to this report.
