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Paramedic convicted in death of Elijah McClain freed after judge reduces sentence
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Paramedic convicted in death of Elijah McClain freed after judge reduces sentence

A paramedic convicted in the 2019 death of 23-year-old Elijah McClain has been released from prison after a judge reduced his sentence on Friday.

Peter Cichuniec, 51, was accused of administering an excessive amount of ketamine to sedate McClain after an August 2019 confrontation with police in Aurora, Colorado. He was found guilty in December 2023 of second-degree assault for unlawful administration of drugs and negligent homicide.

Judge Mark Warner sentenced Cichuniec in March to five years in prison for the assault conviction, the minimum possible, and one year for the manslaughter conviction, to run concurrently. He could have faced more than 16 years behind bars.

On Friday, Warner reduced the sentence to four years of probation, The Associated Press reported.

Attorneys comfort paramedic Peter Cichuniec after his sentence is read, March 1, 2024, in Brighton, Colorado.

Colorado State Court via AP

A spokesperson for the Colorado Department of Corrections confirmed to ABC News Friday evening that Cichuniec is no longer in custody.

According to The Denver Post, Warner said during a hearing Friday that there are “unusual and extenuating circumstances and that they are truly exceptional in this particular case.”

ABC News has contacted Cichuniec’s attorneys for comment.

The ruling comes after the defense filed a motion to modify Cichuniec’s sentence under a provision of state law that allows a court to modify a mandatory sentence after the defendant has served at least 119 days in jail. At his sentencing, Cichuniec was given 70 days’ credit for time already served.

Colorado Attorney General Philip Weiser, whose office prosecuted the case, opposed the change. In court papers he filed, he argued, among other things, that a change in the sentence would undermine the jury’s verdict and that Cichuniec had admitted in court that he knowingly administered an overdose to McClain.

The state noted in its response to the defense’s motion that McClain’s mother objected to any modification of the sentence. Weiser had previously said it “sends a strong message that no profession, whether it’s 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.”

The Colorado attorney general’s office said Friday it was “disappointed” by the reduced sentence, “but we respect the court’s decision.”

The head of the International Association of Fire Fighters, who had supported Cichuniec throughout the case, said he was “relieved” by the judge’s decision on Friday.

“Peter Cichuniec did not belong behind bars,” General Chairman Edward Kelly said in a statement. “The IAFF will always prioritize and advocate for the safety of the public and the ability of our members to do their jobs without fear of ill-conceived criminal prosecution.”

McClain’s case gained national attention months after his death amid protests following the death of George Floyd at the hands of police.

Cichuniec was one of five people charged in connection with McClain’s death. He received the longest sentence of the three convicted.

His co-defendant, paramedic Jeremy Cooper, was found guilty of manslaughter and sentenced to four years’ probation.

Former police officer Randy Roedema was found guilty of manslaughter and third-degree assault in connection with McClain’s death and sentenced to 14 months in prison.

Two other officers, Jason Rosenblatt and Nathan Woodyard, were found not guilty of charges of reckless homicide and negligent homicide. Rosenblatt was also acquitted of charges of second-degree assault.

McClain was stopped by police on August 24, 2019, while walking home from a grocery store after a 911 caller told authorities he saw an “untrustworthy” person nearby.

McClain was unarmed and wearing a ski mask at the time. His family says he had anemia, a blood disorder that makes people feel cold more easily.

When officers arrived on the scene, they told McClain they had the right to detain him because he was “suspicious.”

Elijah McClain in an undated photo.

McClain family photo

According to investigators, Woodyard placed McClain in a neck hold and he and the other two officers on the scene forcibly pushed McClain to the grass and held him down.

When emergency responders arrived, McClain was injected with 500 milligrams of ketamine for “rapid sedation to minimize the time he had to struggle,” according to department policy. He was then loaded into an ambulance, where he suffered a heart attack, investigators said.

McClain died on Aug. 30, 2019, three days after doctors declared him brain dead and he was taken off life support, officials said.

McClain’s cause of death, previously listed as “undetermined,” was listed in an amended autopsy report as “complications of ketamine administration following forced restraint.” The cause of death remained listed as “undetermined,” as in the original report.

According to Adams County Coroner’s Office pathologist Stephen Cina, McClain weighed 140 pounds but was given a higher dose of ketamine than recommended for someone his size and overdosed.

The prosecution argued during the trial that Cichuniec and Cooper failed to provide McClain with adequate medical assessments before administering the ketamine when they arrived at the scene. The prosecution also criticized the paramedics for waiting six minutes before checking McClain for a pulse after administering the ketamine.

Cichuniec’s attorney, Michael Lowe, told the jury that emergency responders did not check his vital signs again until he was on the stretcher, due to protocol.

ABC News’ Kiara Alfonseca and Tesfaye Negussie contributed to this report.