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Former Aurora paramedic indicted in Elijah McClain’s death asks judge to dismiss charges

Elijah McClain
Posted at 4:37 PM, Dec 25, 2021
and last updated 2023-09-19 18:02:07-04

One of the former Aurora paramedics indicted on manslaughter charges in connection with Elijah McClain’s death is asking a judge to dismiss the case against him, arguing there is not enough evidence to warrant the charges.

Lawyers for former Aurora Fire Rescue paramedic Peter Cichuniec filed a motion Dec. 16 requesting that Adams County District Court Judge Priscilla Loew review the evidence in the grand jury documents and find that there is not enough probable cause to support the 11 charges against the paramedic. The charges include manslaughter, negligent homicide and assault.

“The evidence contained in the grand jury record is devoid of any evidence to establish probable cause to believe that Mr. Cichuniec knew that the principal here, Paramedic (Jeremy) Cooper, was about to engage in conduct, in determining the need for and the amount of ketamine needed, that was a gross deviation from the standard of care that a reasonable person would exercise or that Paramedic Cooper was administering ketamine for any purpose other than a lawful medical or therapeutic purpose,” the motion states.

A grand jury on Sept. 1 indicted paramedics Cichuniec and Cooper and three Aurora police officers on 32 total charges in connection with the 2019 death of Elijah McClain.

Read the rest from our partners at The Denver Post.