Judge vacates five-year prison sentence for Aurora paramedic convicted in the death of Elijah McClain

Updated on Sept. 13, 2024 at 4:02 p.m.

The five-year prison sentence handed down to the former Aurora Fire paramedic Peter Cichuniec, who was convicted of negligent homicide and second-degree assault in the 2019 death of Elijah McClain, has been dropped. Cichuniec’s sentence is four years of probation after serving about 10 months of the original sentence. 

Adams County Court Judge Mark Warner told the court Friday afternoon that it was appropriate to reconsider the sentence because the former paramedic is not an ongoing risk to society. He called the death of McClain tragic. 

“The court finds that really there are unusual extenuating circumstances that are truly exceptional in this particular case, particularly as the court had viewed the trial and really Mr. Cichuniec’s role in the events that occurred,” Warner said, and vacated the prison sentence.

Defense attorney David Goddard told the judge Friday that Cichuneic has been a model inmate while he was serving time at Sterling Correctional Facility.

“He has been a model prisoner there and that he quite frankly is making the best of a very negative situation for himself, Goddard said. 

Cichuniec appeared in a yellow and white-striped prison suit with attorneys. Family and supporters who crowded the defense side of the courtroom cried with joy when the new sentencing was announced. Among the supporters in the courtroom was Cichuniec’s wife and fellow former paramedic, Jeremy Cooper. 

Cooper was tried and convicted with Cichuniec during the same trial last December. He was sentenced to 14 months of work release and four years of probation.  He has yet to serve any time in jail due to appeals.

Cichuniec’s family and supporters hugged each other after Warner adjourned the court. The family and attorneys declined to comment.

Sheneen McClain, the mother of Elijah McClain, was not present for the hearing. But state Attorney Jason Slothouber told the court that she disagreed with the reconsideration of the sentence.

“She's unable to be here today, does want the court to know that she strongly objects to any modification of the sentence and believes that prison is the most just sentence for the death of her son,” Slothhouber said. 

Courtesy of the McClain family

In a statement released Friday afternoon, the Attorney General’s Office said, “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. We are disappointed the court reduced his sentence today, but we respect the court’s decision.”

Cichuniec was convicted of negligent homicide and second-degree assault for authorizing the administration of a lethal dose of ketamine to McClain. His conviction came as part of one of three trials involving the death of the 23-year-old Black massage therapist. Cichuniec was taken into custody the day the verdict was announced because of the assault charge’s sentence enhancer.

In March, Cichuniec was sentenced to five years in prison and served about 10 months of that sentence. He was headed to the state prison on Friday after the hearing, while the judge contacted the Department of Corrections about the revised sentence.

Aurora NAACP president Omar Montgomery said in a statement Friday that Sheneen “continues to endure trauma in her pursuit of justice.”

“We thank the Colorado Attorney General's Office for their courageous efforts in making sure that the individuals responsible for the murder of Elijah McClain were made accountable for their actions,” Montgomery said.

Editor's note: Updated with statements from the NAACP and Colorado's Attorney General.