Colorado Court Reverses Homicide Convictions in Elijah McClain Case","description":"The appeals court ordered new trials for Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec, who were convicted of criminally negligent homicide in the death of Elijah McClain after he was pinned by police in 2019.","summary":"Elijah McClain’s death led to convictions for two paramedics that were reversed on appeals. The court found juror instructions improper for the homicide charges, leaving the assault conviction intact. A new trial is ordered while Cichuniec’s sentence was reduced due to mandatory sentencing provisions.","image":"", "text":"<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>FORT COLLINS, Colo. (AP) — A Colorado court reversed homicide convictions against two paramedics on Thursday in the ketamine overdose death of Elijah McClain after the Black man was pinned down by police.</p>\n\n<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>McClain, 23, had been forcibly restrained by police after a suspicious‑person complaint, prompting a 2019 incident in which the massage therapist was walking home from a convenience store. The last words he uttered — “I can’t breathe” — eerily echoed those of George Floyd two years later.</p>\n\n<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>A jury in 2023 found Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec guilty of criminally negligent homicide. Cichuniec was also convicted of second‑degree felony assault. Cooper was sentenced to 14 months in jail with work release and probation; Cichuniec received five years in prison.</p>\n\n<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>The Colorado Court of Appeals upheld Cichuniec’s assault conviction but faulted the jury instructions for the homicide charges. Thursday’s ruling sends their cases back to the lower court for a new trial on that charge.</p>\n\n<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>Cichuniec was released early from prison in 2024 after a judge reduced his sentence to four years of probation under Colorado’s mandatory sentencing law, citing “unusual and extenuating circumstances.” That judge affirmed that Cichuniec had to make a rapid decision as the highest‑ranking paramedic present at the scene of the arrest.</p>\n\n<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>The Associated Press left a voicemail seeking comment from McClain’s mother’s attorney and from the paramedics’ lawyers and union representatives.</p>\n\n<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>­</p>\n\n<p style='font-family:Arial,Helvetica,sans-serif;line-height:1.6;'>Gruver reported from Fort Collins and Brown from Billings, Montana.</p>