Posted on 09/14/2024 7:39:54 PM PDT by Red Badger
Sept. 14 (UPI) -- A Colorado judge vacated former paramedic Peter Cichuniec's five-year prison sentence in Elijah McClain's death and changed it to four years of probation over prosecutors' objections.
Adams County Judge Mark Warner sentenced Cichuniec in March to Colorado's mandatory minimum prison sentence for those convicted of assault.
Prosecutors argued vacating the sentence undermines the judicial process and the jury's verdict after finding Cichuniec, 51, guilty of criminally negligent homicide and second-degree assault by assisting with drugging McClain, 23, with a fatal dose of ketamine after police stopped McClain while he was walking home in 2019.
Prosecutors also argued vacating the sentence would not deter further "abuse of anesthetic drugs for improper purposes."
Cichuniec supervised a paramedic who injected McClain with ketamine, which the jury found had no legitimate purpose and was done without McClain's consent.
Cichuniec was the only person among three people convicted in McClain's death to be sentenced to prison.
Cichuniec in June filed a motion to change his sentence due to extenuating circumstances, which Colorado law allows after a defendant serves 119 days in prison and the Colorado corrections department has conducted a risk assessment.
Warner cited "unusual and extenuating circumstances" that he said are "truly exceptional" while vacating Cichuniec's prison sentence during a short hearing Friday.
The judge said he considered Cichuniec's lack of criminal history, potential for rehabilitation and good character in vacating the prison sentence.
Warner said he also weighed the "deterrence effect of the sentence" and said it had been accomplished,
He also cited "unique circumstances in this case."
Three Aurora, Colo., police officers detained McClain as he was walking home in August 2019. after a motorist reported him as a "sketchy" person who said McClain was wearing a ski mask and headphones while walking.
Responding officers tackled McClain, a massage therapist, and restrained him with a choke hold that cut off the blood flow to his brain and caused him to repeatedly lose consciousness.
Cichuniec, an 18-year Aurora firefighter and paramedic, and another Aurora Fire Rescue paramedic responded about 15 minutes later and injected McClain with the fatal dose of ketamine.
McClain suffered cardiac arrest while being transported to a hospital, which placed him on life support.
The hospital took him off life support on Aug. 30.
McClain's death triggered several protests and spurred Colo. Gov. Jared Polis to sign into law a police accountability law that requires police to use body cameras and modifies the standard allowing use of force.
Colorado lawmakers also banned the choke hold police used to restrain McClain and limited how paramedics can use ketamine during arrests.
A subsequent ad-hoc investigation into the matter faulted police officers for detaining McClain without just cause and escalating their use of force.
The report also said paramedics erred by injecting McClain with a dose of ketamine for a 190-pound person when he only weighed 140 pounds and said the paramedics were slow in helping McClain.
A grand jury indicted Cichuniec, another paramedic, Jeremy Cooper, and the three Aurora police officers in the matter.
Two officers were acquitted and a third sentence to 14 months after a jury in January found him guilty of assault and criminal negligent homicide.
Cooper was convicted for improperly monitoring McClain's condition and medical condition and sentenced to four years of probation, 14 months of work release and 100 hours of community service.
I’m under the impression McClain was not cooperating
Well, he deserves the death sentence then.
Doesn’t everyone in Denver wear a ski mask. In August.
I'm under the impression that since McClain was doing nothing illegal, the officers had no probable cause and committed felony assault resulting in manslaughter.
So you believe McClain was cooperating?
I believe McClain was under no legal obligation to cooperate: you are free to decline to answer questions at any time or refrain from showing id if there is no probable cause you have committed or are about to commit a crime. In the absence of probable cause, the police have no legal authority to detain you or to demand you show id or answer questions.
Back the blue, till it happens to you.
>> I believe McClain was under no legal obligation to cooperate
Regardless of whether or not McClain was obliged to cooperate, the question in response to your apparent objections remains: Do you believe he was cooperating? BTW, I’m not setting trap as the criteria for what happened thereafter is subject to many other factors.
>> I’m under the impression McClain was not cooperating
I’m under the impression that we have not heard the whole story here. This is just weird on many levels.
>> Being a shady looking character isn’t a crime.
John Fetterman “liked” your post... ;-)
exactly
“Being a shady looking character isn’t a crime.”
.
Sometimes, police have to deal with the drugged or the insane. (and not to ignore).
Especially when the witnesses’ make a 9-1-1 call...
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