AURORA | Metro Black community leaders have called on the Aurora City Council to reaffirm the convictions of two paramedics who were granted new trials in the death of Elijah McClain. 

The Colorado Court of Appeals on Thursday overturned the convictions of Jeremy Cooper and Peter Cichuniec, who had been convicted of negligent homicide after injecting McClain with ketamine during a police encounter in 2019. 

The court agreed with defense lawyers that court procedures in 2024 improperly influenced the jury, warranting a new trial for both paramedics.

Cichuniec also was convicted of second-degree assault for giving a drug without consent or a legitimate medical purpose. That conviction was not overturned by the appeals court. 

On Friday, community leaders who stood with the McClain family during the trials called the appeals court rulings an injustice, saying the appellate court “moved the goalposts” and is wrong to overturn the convictions.

“The interpretation that we have as a community is that the courts will use anything they can to ensure that the system does not afford accountability when there is a Black life involved,” Midian Schofner, founder of the Epitome of Black Excellence and Partnership, said. 

In response to the court rulings, Shofner and others said elected officials, from the Colorado attorney general to statewide representatives and the Aurora City Council, should condemn the court’s decision and reaffirm the original convictions.

Auon’tai Anderson, a local activist, pointed to the city of Aurora’s $15 million settlement with the McClain family, where the city acknowledged McClain’s wrongful death at the hands of Aurora police and medics.

“So now we look forward to an emergency resolution passed by council, affirming that what happened to Elijah should have never happened, that you support the original convictions and that we will never allow history to be rewritten about Elijah McClain,” Anderson said. 

Shofner also called on Attorney General Phil Weiser to retry the case and defend the convictions. The group requested other elected officials release statements supporting the convictions.

Shofner added that the group hadn’t yet spoken with elected officials, instead publicly announcing their request first so that officials “understand that this is a collective call to action.” Shofner and Anderson said protests are not off the table if elected officials do not respond.

“We have the resources and intentionality to ensure that if we don’t feel like they hear us in this press conference, we know how to reach (them),” Shofner said. “These requests are reasonable, they’re thoughtful and they should be catalytic because our systems have not done enough.”

Elected officials who attended the press conference included Denver Councilmember Shontel Lewis, Aurora Councilmember Rob Andrews and Colorado Rep. Jamie Jackson, a Democrat who represents part of Aurora. 

Following the statements, Andrews said he would consider supporting a resolution like the one Anderson called for, but said it would depend on the language. He added that he would want to work with fellow council members and the city attorney on drafting any resolution in response to the appeals court. 

In a statement released Thursday, Weiser said he plans to appeal the court’s decision to overturn Cooper’s and Cichuniec’s convictions.

“A jury convicted two paramedics for the death of Elijah McClain, an innocent Black man who did nothing wrong that tragic night seven years ago,” Weiser said. “Bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community. The attorney general’s office is committed to defending these convictions through the appeals process. Justice demands it.”

Five people were initially indicted in McClain’s death after Gov. Jared Polis appointed Weiser as special prosecutor to investigate the incident. 

On the night of McClain’s death in 2019, he was walking down the street in Aurora when police responding to a suspicious person report forcibly restrained him and put him in a neck hold. Cooper and Cichuniec then injected McClain with ketamine and he suffered a cardiac arrest and later died.

Former officers Jason Rosenblatt and Nathan Woodyard were acquitted of all charges. Former officer Randy Roedema was convicted of criminally negligent homicide and third-degree assault and sentenced to 14 months in prison, though he was eligible for work release. Roedema has appealed his conviction as well.

McClain’s death prompted the Aurora Fire Department to prohibit the use of ketamine. State officials have since told paramedics statewide to stop using excited delirium as a basis for administering ketamine and medical officials have determined that excited delirium is not a valid diagnosis.

Shofner ended the press conference with an apology to Shaneen McClain, Elijah’s mother, for her suffering.

“I am so sorry that I had to disrupt your peace to tell you your son’s name was invoked because they overturned convictions in his murder,” she said, tearing up.

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