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Paramedic convicted in Elijah McClain鈥檚 death sentenced to 5 years in prison

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Paramedic convicted in Elijah McClain鈥檚 death sentenced to 5 years in prison

Paramedic Peter Cichuniec was convicted in December of criminally negligent homicide in Elijah McClain's death.

(CNN) 鈥� One of the two paramedics convicted of criminally negligent homicide in the 2019 death of the 23-year-old Black man detained by police and injected with ketamine, was sentenced Friday in a Colorado courtroom to five years in prison, the minimum.

Peter Cichuniec was and second-degree assault in December. His co-defendant, Jeremy Cooper, also was convicted of criminally negligent homicide and is scheduled to be sentenced April 26.

Before sentencing, Cichuniec said in court that he was 鈥渧ery sorry that Elijah is no longer with us, and I mean that from the bottom of my heart.鈥�

鈥淢iss McClain tragically lost a son and we, also, a patient, and I don鈥檛 take that lightly,鈥� he said.

McClain鈥檚 mother, Sheneen, called Cichuniec鈥檚 sentencing the 鈥渂are minimum.鈥�

鈥淭hey had an opportunity to save him,鈥� she told after the sentencing. 鈥淗e was speaking, he was talking when they got there.鈥�

鈥淚聽can鈥檛 even聽imagine what聽Elijah聽experienced,鈥� she said through tears.聽鈥淚鈥檓 just glad this part聽is over.鈥�

The criminal trial against the two paramedics was unparalleled, . Paramedics are typically considered local government agents protected by statutory immunities where injury and death can occur even when they abide by their medical training.

Colorado Attorney General Phil Weiser in a statement said the sentence 鈥渟ends a strong message that no profession, whether a paramedic, a nurse, a police officer, an elected official, or a CEO should be immune from criminal prosecution for actions that violate the law and harm people.鈥�

CNN has reached out to the defense for comment.

Cichuniec聽cried in court while his wife and his two sons pleaded with the judge to impose the minimum sentence.

The paramedic told the judge he was 鈥渂egging for the mercy from the court to allow me the opportunity to be able to provide for and be with my family.鈥�

鈥淚 know this won鈥檛 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 鈥� to return to my family, to provide for them,鈥� he pleaded.

McClain鈥檚 mother also spoke ahead of the sentencing, describing her 鈥渞ighteous anger towards those who made sure my son did not see another day鈥� and calling for justice for her son.

Adams County Judge Mark Warner noted Cichuniec was the highest-ranking paramedic on the scene and that there was an 鈥渋ll-defined transfer of command鈥� between the different first responders present.

鈥淚t is impossible to unremember the video and images of Elijah McClain鈥檚 suffering in the last minutes of his young life,鈥� Warner said during the sentencing.

The charges stemmed from the arrest of McClain in Aurora on August 24, 2019, when police officers responded to a call about a 鈥渟uspicious person鈥� wearing a ski mask, according to the indictment. The officers confronted McClain, a , 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 . 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鈥檚 weight. Additionally,聽Cichuniec聽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 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

Dr. Roger Mitchell, a forensic pathologist who reviewed the body camera footage from the incident, testified that McClain showed 鈥渘o evidence of excited delirium鈥� in the videos but did show signs of oxygen deficiency.

Prosecutors initially declined to bring charges, but the case received renewed scrutiny following the nationwide Black Lives Matter protests in spring 2020. Colorado Gov. Jared Polis appointed a special prosecutor to reexamine the case, and in 2021 a grand jury indicted the two paramedics and three Aurora police officers who detained McClain.

Ex-officer Randy Roedema was found guilty of criminally negligent homicide and assault, and he was and four years of probation. and were acquitted of all charges.

At the paramedics鈥� trial, prosecutors argued the two acted recklessly in administering a large dose of ketamine to McClain despite not speaking with him or checking his vital signs.

鈥淭his is reckless 鈥� It鈥檚 intending to cause pain 鈥� bodily injury and stupor,鈥� Senior Assistant Attorney General Jason Slothouber said. 鈥淚t鈥檚 not intending to kill, but it is wildly, insanely reckless. It鈥檚 the medical equivalent of putting on a blindfold, jumping in a car and hitting the gas as hard as you can.鈥�

In response, both paramedics testified they believed McClain was experiencing excited delirium and said their treatment protocol was to administer a ketamine dose they believed was safe.

CNN鈥檚 Jeremy Harlan, Cheri Mossburg, Raja Razek, Sarah Davis, and Zoe Sottile contributed to this report.

The-CNN-Wire

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