BRIGHTON — An Adams County Superior Court judge on Friday overturned the five-year prison sentence of a former Aurora paramedic convicted in the death of Elijah McClain.

Judge Mark Warner has thrown out Peter Cichuniec’s prison sentence and commuted it to four years of probation, a move prosecutors say would “undermine the jury’s verdict in the case.”

“The court finds that there are indeed unusual and mitigating circumstances and that they are truly exceptional in this particular case,” Warner said during a brief hearing.

Cichuniec, 51, was convicted of manslaughter and assault by intoxication in the 2019 killing of McClain, a 23-year-old Black man who died after Aurora police placed him in a neck hold and a paramedic administered an overdose of the narcotic ketamine.

Cichuniec supervised the paramedic who injected the drug. He was the only one of the three people convicted on charges stemming from McClain’s death to be sent to prison.

Warner sentenced Cichuniec to five years in prison in March — the mandatory minimum prison term required under Colorado law for an assault conviction — but Cichuniec asked the judge in June to reduce the length of the sentence, arguing that his case involves “unusual and exceptional” circumstances.

State law allowed Warner to reduce the mandatory minimum prison sentence after Cichuniec had served at least 119 days in jail and after the Colorado Department of Corrections had assessed Cichuniec’s risk level and reported back to the judge. Both events occurred.

Prosecutors opposed Cichuniec’s request, writing in a court document that reducing Cichuniec’s sentence would be contrary to the interests of justice. They noted that it is rare for mandatory prison sentences to be reduced under the exception in state law that Cichuniec claimed, with only 203 sentences changed under the law between 1977 and June 2024.

“A change in the sentence in this case would undermine the jury’s verdict, the legislature’s mandatory sentencing system, and the deterrent against the abuse of narcotics for improper purposes,” the filing said.

In making his ruling, Warner commented on Cichuniec’s lack of prior criminal history, potential for rehabilitation, good character and his previous “pro-social” history, as well as his overall role in the events leading up to McClain’s death — Cichuniec was the highest-ranking paramedic on the scene but was most directly responsible for “the logistics of the call and the safety of others involved,” Warner said.

Cichuniec admitted at his trial that he and former paramedic Jeremy Cooper had overestimated McClain’s weight and that the paramedics had given McClain too high a dose of ketamine. Cichuniec testified that he was concerned about giving McClain too little ketamine and that he did not think he had enough time to give a smaller dose, wait for the effects to be seen, and then call a doctor for permission to give more, as his training required.

Warner indicated in his statement Friday that Cichuniec had to make quick decisions that evening.

“The court must also, and does today, look at the deterrent effect of the sentence,” Warner said. “…Overall, the court believes, based on the issues presented in this case, that a deterrent effect was achieved and that there are unique circumstances in this case.”

Cichuniec was being held at Sterling Correctional Facility in northeastern Colorado, and it was not immediately clear how soon he would be released on probation. His supporters howled and chanted “Pete’s coming home” after Warner reduced the sentence Friday. They declined to comment to The Denver Post.

Prosecutor Jason Slothouber and defense attorney David Goddard also declined to comment. A spokesman for Colorado Attorney General Phil Weiser’s office, Lawrence Pacheco, said prosecutors were “disappointed.”

“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,” he said. “We are disappointed that the court today reduced his sentence, but we respect the decision.”

McClain’s mother, Sheneen McClain, did not attend Friday’s hearing and declined to comment when spoken to afterward. She opposed a reduced sentence, court records show.

Cichuniec was one of three first responders convicted of crimes in connection with McClain’s death, after five had already been arrested and tried.

Cooper and former Aurora police officer Randy Roedema were both convicted of second-degree murder and sentenced to 14 months of community service. Two other Aurora police officers, Jason Rosenblatt and Nathan Woodyard, were acquitted by juries of all charges in connection with McClain’s death.