Paramedic convicted in Elijah McClain’s death has 5-year prison sentence vacated, gets probation

By Andi Babineau and Taylor Romine, CNN

(CNN) — A paramedic who was convicted of criminally negligent homicide and second-degree assault last year in connection to the 2019 death of Elijah McClain had their five-year prison sentence vacated by an Adams County District Court judge in favor of four years probation Friday.

Judge Mark Warner vacated Peter Cichuniec’s prison term during a brief hearing Friday after he requested in June for his sentence to be reduced, citing “unusual” and “exceptional” circumstances with the case, the Denver Post reported.

The Colorado Attorney General’s Office, which prosecuted the case along with several others in connection to the death of Elijah McClain, expressed disappointment with the decision.

“After considering the evidence, a statewide grand jury indicted Cichuniec, and a jury of his peers found him guilty of his criminal acts that led to the death of Elijah McClain,” they said in a statement. “We are disappointed the court reduced his sentence today, but we respect the court’s decision.”

Cichuniec was released from custody Friday, the Colorado Department of Corrections told CNN.

CNN has reached out to Cichuniec’s attorneys for comment. Sheneen McClain, Elijah’s mother, declined to comment on the decision.

The charges stemmed from the arrest of McClain in Aurora on August 24, 2019, when police officers responded to a call about a “suspicious person” wearing a ski mask, according to the indictment. The officers confronted McClain, a massage therapist, musician and animal lover, who was walking home from a convenience store carrying a plastic bag with iced tea.

In a disturbing interaction captured on body-camera footage, police wrestled McClain to the ground and placed him in a carotid hold, cutting off the blood flow to his brain and rendering him unconscious. Paramedics were called to the scene and injected McClain with a dose of the powerful sedative ketamine appropriate for a 200-pound person, even though he weighed just 143 pounds. He suffered a heart attack on the way to a hospital and was pronounced dead three days later.

During the trial, both paramedics admitted to administering a large amount of ketamine to McClain based on an inaccurate overestimation of McClain’s weight. Additionally, Cichuniec told prosecutors during the trial he made the decision to administer the 500-milligram dosage without asking McClain for his height or weight because he was experiencing “excited delirium,” a controversial diagnosis primarily used to describe violent agitation from people being detained or restrained by police. The diagnosis is not recognized by major medical associations, including the American Medical Association.

During his March sentencing, Cichuniec cried and asked “for the mercy from the court to allow me the opportunity to be able to provide for and be with my family.”

“I know this won’t sound fair because Miss McClain will never have an opportunity with Elijah, but I beg of you on this sentencing day that you give me the opportunity, judge … to return to my family, to provide for them,” he pleaded.

McClain’s mother spoke ahead of the sentencing, describing her “righteous anger towards those who made sure my son did not see another day” and calling for justice for her son.

CNN’s Emma Tucker, Eric Levenson and Raja Razek contributed to this report.

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