Defense rests in paramedic trial regarding Elijah McClain's death
Jurors will soon decide if two Aurora Fire Rescue paramedics are responsible for the death of Elijah McClain. Defense attorneys for Jeremy Cooper and Peter Cichuniec rested their case Tuesday afternoon.
The paramedics are charged with reckless manslaughter, criminally negligent homicide and assault. They injected McClain with ketamine following his violent encounter with Aurora police officers in 2019. According to the medical examiner, the 23-year-old died of complications of ketamine following forcible restraint.
On the final day of testimony, the defense zeroed in on the standard of care and protocols of Aurora Fire Rescue; specifically, if Cooper and Cichuniec's actions were in line with what they were taught.
Robyn McKinley, an EMT specialist from Memphis, who was paid to review AFR protocols and training specific to ketamine, as well as body camera footage and patient care reports from the incident, testified the paramedics "acted appropriately."
McKinley also told the court she believed McClain received "great care."
"Did you see any decision or action made by the paramedics that evening that you thought was outside the standard of care?" the defense asked McKinley.
"No," she replied.
It echoed much of what Cooper and Cichuniec tried to tell the court on Monday when they took the stand themselves.
Both men told the court they had no intention of hurting McClain that August night in 2019. Rather, they were there to help.
"Did you ever have any intention to harm Elijah McClain?" the defense asked Cooper.
"No, ma'am," Cooper said.
"What were you doing?" the defense attorney asked.
"We were there to help, follow our protocols and get him to the hospital. That's what we do, that's why we're in this career. We're servants," Cooper replied.
"We needed to tend to Mr. McClain and we needed to help him as soon as we can," Cichuniec testified after being asked about what he thought after seeing one of the Aurora police officers slam McClain to the ground.
Prosecutors spent seven days calling witnesses to argue the paramedics did not follow medical protocols and that the dose of ketamine they gave McClain is what led to his death. Ketamine is a weight-based drug, and the amount McClain received is for a person more than 200 pounds.
Cooper told the court he estimated McClain's weight to be about 200 pounds by comparing him to himself. McClain actually weighed closer to 140 pounds.
On Tuesday, the defense called Aurora Fire Rescue's medical director to the stand. Dr. Eric Hill helped to set paramedic and treatment protocols for AFR and explained to the court there is no training or protocol for paramedics to determine a patient's weight.
"How are they supposed to determine the weight of a patient when they need to give a weight-based medication?" asked the defense.
"It depends on the nature of the person," replied Hill. "For pediatric they have a tool, it's called Broselow tape. It's a length-based tape that they use. That kind of thing doesn't exist for an adult. So, it's kind of their best estimate."
How much ketamine he received was brought up in daily testimony throughout the trial as McClain received the maximum dose based on what was allowed by AFR paramedics to administer at the time. It's an amount Cichuniec told the court was because of McClain's agitated state, saying it was also an effort to save McClain's life.
"In this case, with excited delirium, it could kill you," Cichuniec testified. "If we don't work fast, he could die… Time is of the essence. I went off training and went up to 500 (milligrams)."
Prosecutors were denied any rebuttal witnesses and the judge also declined the defense's request to have the second-degree assault–drugging charge dropped. Closing arguments are set to begin Wednesday afternoon with the case going to the jury late in the day. The judge anticipated deliberations beginning Thursday morning. If the jury cannot reach a verdict by Friday, they'll resume deliberations the day after Christmas.