Colorado legal analyst discusses trial of 2 paramedics charged in connection to Elijah McClain's death

Jury selection, in court, begins (soon) in the trial of two paramedics charged in connection with the 2019 death of Elijah McClain in Aurora. 

This is the third of three criminal trials tied to McClain's death. In the first two, defense attorneys attempted to pin the blame on paramedics; now, they are the ones on trial. 

Jeremy Cooper and Peter Cichuniec are each charged with manslaughter, criminally negligent homicide, and assault. The two arrived on the scene in an Aurora Fire Department truck, accompanied by two firefighters.

Prosecutors are expected to argue that the paramedics did not check McClain's vital signs, examine him, or talk to him before diagnosing him with excited delirium. 

Raj Chohan, a legal analyst and attorney not associated with the case, said, "normally, I think some latitude is given to first responders because of the fluidity of the situation they find themselves in, and they have to make a split-second decision." 

However, he noted that this case involved an injection of a much higher dose of the sedative ketamine than was appropriate for McClain's weight.

Chohan added, "I think the paramedic who estimated the weight and what dosage of ketamine to administer is probably the more culpable of the two." 

The independent investigation for the city of Aurora found that it was Cooper who administered the ketamine after Lt. Cichuniec requested the 500 mg dosage. Cooper is quoted in the report as saying, "he's having excited delirium; that's why we hit him with five of ketamine." 

With vomit falling from his mouth, McClain was placed on a gurney and rushed by ambulance to the hospital. Three days later, he died. Ketamine was found to be the primary cause.

Each defendant has pleaded not guilty. The coroner's report indicated that, if not for the ketamine, Elijah McClain might be alive today.