Aurora Firefighter-Medic Convicted in Ketamine-Related Death Released from Prison

An Aurora firefighter-paramedic who was convicted of negligent homicide and assault in the death Elijah McClain, has been freed after the trial judge agreed to reduce his sentence. Peter Cichuniec, 51, had been incarcerated in the Sterling Correctional Facility, serving a five-year prison sentence.

In March, 2024 Judge Mark Warner sentenced Cichuniec to five-years in prison for second degree assault and one-year for criminally negligent homicide, with both sentences to run concurrently. That was the mandatory-minimum sentence for the convictions, which could have run as long as 16 years.

Cichuniec was the most-harshly punished of the three first-responders convicted in the case. Firefighter-paramedic Jeremy Cooper was sentenced to four-years of probation for criminally negligent homicide, while former police officer Randy Roedema was sentenced to 14 months in the county jail for criminally negligent homicide and assault in the third degree.

Cichuniec and Cooper were called to assist police officers who were struggling to subdue McClain on August 30, 2019. Cichuniec injected McClain with 500mg. of ketamine in an attempt to subdue him. McClain coded and despite efforts to resuscitate him, he died three days later. The firefighters and three police officers were indicted on manslaughter, criminally negligent homicide, and assault charges.

Last Friday, Judge Warner ordered Cichuniec released, and changed his sentence to four years of probation. The process was explained by the Denver Post as follows:

• State law allowed Warner to reduce the mandatory minimum prison sentence after Cichuniec spent at least 119 days in prison and after the Colorado Department of Corrections assessed Cichuniec’s risk level and reported back to the judge, which both happened.
• As he issued his ruling, Warner commented on Cichuniec’s lack of prior criminal history, rehabilitative potential, good character and his prior “pro-social” history, as well as his overall role in the events that led to McClain’s death — Cichuniec was the highest-ranking paramedic at the scene, but was most directly responsible for “the logistics of the call and safety of others involved,” Warner said.
• Cichuniec admitted on the stand during his trial that he and former paramedic Jeremy Cooper overestimated McClain’s weight and that the paramedics gave McClain a too-high dose of ketamine. Cichuniec testified that he was concerned about giving McClain too little ketamine and didn’t think he had enough time to give a smaller dose, wait to see its effects, then call a doctor for permission to give more, as his training required.
• Warner noted as he ruled Friday that Cichuniec needed to make quick decisions that night.
• “The court must also, and does today as well, look at the deterrence effect of the sentence,” Warner said. “…For the most part, the court believes based on the issues that arose in this case, a deterrence effect has been really accomplished and there are unique circumstances to this case.”

While the prosecution complained that reducing Cichuniec’s sentence would “undermine the jury’s verdict,” IAFF President Ed Kelly was quoted by ABC News as saying he was relieved by the ruling:

• Peter Cichuniec did not belong behind bars.
• 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.

A copy of the decision is not available on Lexis or the court’s web site. A copy will be posted if/when one becomes available.