BOULDER, Colo. — The Boulder County District Attorney's Office on Friday announced criminal charges against a Boulder paramedic who sedated and restrained a man, who later died.
Edward Ray McClure, 54, was arrested Friday for manslaughter and forgery in connection with the December 2024 death of Jesus Lopez Barcenas, 36. He was booked into the Boulder County Jail and later released after posting bond.
At the time, McClure was a paramedic with American Medical Response (AMR) and was dispatched to the University of Colorado Boulder campus following a struggle involving Barcenas and officers.
The district attorney's office alleges that McClure injected Barcenas with a sedative before performing a medical assessment. The paramedic is also accused of placing Barcenas in a prone position on the gurney while he was handcuffed. These two actions violated AMR protocol and led to his eventual death, according to the DA's office.
"The death of Mr. Barcenas is an incredible tragedy and should not have happened," Boulder County District Attorney Michael Dougherty told Denver7 on Friday. "Based on our investigation, we determined that the law enforcement officers involved did not commit any criminal offense that can be proven beyond a reasonable doubt. They didn't violate any policies or any criminal laws here in the state of Colorado."
In a statement, Dougherty said McClure's "reckless acts" led to Barcenas' death.
"Having talked to Mr. Barcenas’ family, they're obviously devastated by what's happened here," Dougherty said. "So our team is going to fight tirelessly for justice in this case."
The death of Jesus Lopez Barcenas
The charges stem from a December 2024 incident at the University of Colorado Boulder campus, according to a use-of-force investigation report and arrest affidavit obtained by Denver7.
Around 8:15 a.m. on December 27, 2024, two CUPD officers were dispatched to the Center for Innovation and Creativity (CINC), located at 1777 Exposition Drive, for reports of a suspicious person. The officers arrived seven minutes later and located the person, who was later identified as Jesus Lopez Barcenas.
According to the report, Barcenas, 36, was found on a concrete ramp with a railing next to the building. The officers called to Barcenas, but he "did not acknowledge them and continued to walk around the concrete ramp."
The report states that Barcenas "began shouting that the CINC was on fire and that people were dying inside the building. He then began hitting a fire alarm located at the upper left side of the door with his cell phone."
- Read the full use-of-force investigation report below
At the time, Barcenas was wearing a backpack backwards, with the bag strapped to his chest. As officers began to approach Barcenas, he started to reach into his pockets, according to the report, and pull out an item, which was later determined to be a lighter.
"Because Mr. Barcenas was reaching into his pockets and had easy access to his backpack, officers decided that they needed to detain Mr. Barcenas to get control over the situation," the report reads.
The officers tried to place Barcenas in handcuffs around 8:26 a.m. but were unsuccessful because Barcenas resisted. During an initial struggle, Barcenas and the officers "went to the ground." One of the CUPD officers rolled and injured his ankle in the process.
The officers tried to "regain control" over Barcenas while on the ground. One officer reportedly lost control of Barcenas' right wrist and "could feel that Mr. Barcenas had a two-handed grip on the handle of his gun," which was holstered on the officer's right hip. The officer was able to "shrimp" out of the situation and regain control over his gun, according to the report.
A CUPD sergeant arrived at the scene during the struggle and began to help in the containment of Barcenas. The report states that the sergeant ordered Barcenas to stop several times and warned him that he would be tased if he did not comply.
"Mr. Barcenas acknowledged [the sergeant] but continued to yell that there were 'bodies' in the CINC," according to the report.
After some time, the officers were able to place Barcenas in handcuffs.
Emergency Medical Services (EMS) were dispatched to the scene amid the chaos. The first ambulance, staffed by Paramedic Edward McClure and an EMT, arrived at 8:34 a.m.
The two walked over to the officers and Barcenas, who was lying on the ground in a prone position on the ramp. When someone is in a prone position, the person is lying flat with their chest to the ground and their back up. The sergeant told McClure that Barcenas would be taken to jail, but he needed to be medically cleared first. McClure told the EMT that they "just need the gurney," and the EMT walked back toward the ambulance.
According to his arrest affidavit, McClure said hello to Barcenas, who replied with, "What's going on, brother?" McClure asked Barcenas what was going on, and Barcenas reportedly said that "there are people inside the building who have been sleeping for a long time and that there is a trash can full of good stuff." The affidavit states that McClure asked Barcenas "how he would like it if he just got him out of there. [Barcenas] responds saying, 'How long, I like it.'"
Barcenas continues to "make unintelligible statements and gets louder," according to the affidavit.
An officer attempted to apply a fabric leg restraint to Barcenas, but it was "ineffective due to how it was applied and was ultimately taken off," the report states. An officer then cut off Barcenas' backpack by cutting the straps. Barcenas was rolled onto his left side so the backpack could be removed from underneath his body. He was then rolled back onto his stomach.
At one point, McClure and the EMT were standing by the gurney, which had been brought up the ramp. The affidavit states that McClure asked a firefighter "what he thinks about using Droperidol." The firefighter said that it was McClure's "call" and walked away, the affidavit states.
According to the report, at 8:40 a.m., Paramedic McClure administered an injection, "later documented to be 5mg of Droperidol," into Barcenas' left buttocks through a hole in his pants. The report states, "Paramedic McClure did not say anything to officers, nor did he consult them before administering it."
After administering the injection, McClure reportedly told one of the officers, "I love holes in the pants." When the officer did not hear him, the paramedic "repeated while laughing, 'I love holes in the pants.'" The report states that McClure did not tell the officers that he was about to inject Barcenas or what he was injecting Barcenas with.
Following the injection, Barcenas was "still talking, yelling, and moving around while in the prone position while two officers continued to maintain control over him." It was then decided to place Barcenas on a gurney.
At first, according to the report, Barcenas, who was still handcuffed, was placed on the gurney on his right side. After the gurney's ankle straps were applied, "Barcenas was lying in the prone position" on the gurney. McClure then said, "Now let's strap the crap out of him," according to the report.
McClure and the EMT applied the rest of the restraints from Barcenas' legs up. At one point, McClure reportedly lifted the top part of the gurney, "elevating it at an upward angle so that Mr. Barcenas' upper half of his body was raised higher than the rest of his body." The report states that McClure told the EMT, "Just keep him face down. I don't care. Oh, just go over his arms. I don't want to move him."
An officer with the Boulder Police Department asked the EMT if he would like a "spit sock," since Barcenas was bleeding from the mouth. The EMT asked the officers if Barcenas had been spitting, and the officers said he had not. The report states that the EMT did not take a spit sock from the officers, and video from bodyworn cameras shows that officers did not place a spit sock on Barcenas.
After the restraints were applied, McClure and the EMT raised the gurney and pushed it to the ambulance. At this point, Barcenas, still handcuffed, was lying in the prone position with the upper half of his body elevated at an "incline angle." The photo below was included in the report and shows Barcenas' position.
Barcenas was placed in the back of the ambulance at 8:46 a.m. A Boulder PD officer told the sergeant that he could ride in the back of the ambulance with McClure and Barcenas.
Three minutes after Barcenas was placed in the back of the ambulance, the officer peered into the ambulance through an open side door and asked McClure if he wanted him to ride along in the back of the ambulance on the way to the hospital. According to the report, McClure told the officer, "I don’t. I’ve got him sedated. He’s four-pointed. As long as you guys are following…I mean if you guys are going to meet us at the hospital.” The officer told McClure that it "sounds like someone is going to follow," to which McClure responded with, "Alright."
The report, citing the officer's bodyworn camera, states Barcenas was in the same prone position as when he was placed in the ambulance, but he now had a spit sock over his head. McClure's affidavit says, "Unknown why the spit sock was placed on his head or who placed it on as it is not documented anywhere."
The photo below was included as evidence in the report and shows McClure near Barcenas' head. Barcenas "did not appear to be moving nor talking or yelling."
The ambulance then headed for the hospital. At 8:55 a.m., the ambulance was "upgraded to an emergency response." It arrived at Boulder Community Hospital (BCH) at 8:57 a.m.
According to the report, an officer's bodyworn camera captured McClure performing CPR on Barcenas in the back of the ambulance as they arrived at the hospital. At this point, Barcenas was on his back, but his hands were still handcuffed.
Barcenas was rolled into the emergency room as McClure continued with CPR. BCH medical personnel then took over treatment, and the handcuffs were removed from Barcenas.
The report states that McClure told ER staff what happened and that he had administered 5mg of Droperidol.
While BCH staff were working on Barcenas, a staff member handed an officer a "small clear baggie" that was found on Barcenas. According to the report, the baggie had "what appeared to be a white powdery substance inside of it." Officers tested the powder, which came back as "presumptive positive" for methamphetamine.
Barcenas was transported to the Intensive Care Unit (ICU), where he died two days later on December 29, 2024.
An autopsy of Barcenas was conducted on December 30, 2024, but the findings and report were not completed until May 1, 2025, according to the district attorney's office. The autopsy determined that Barcenas died “as a result of complications of sudden cardiac arrest following a physical altercation and struggle which included prone positioning and the use of restraints and sedative (butyrophenone) medication, and that the toxic effects of methamphetamine contributed to his death." The coroner classified Barcenas' death as a homicide.
American Medical Response (AMR) terminated McClure's employment on December 30, 2024. According to the report, AMR determined that McClure had violated several policies and “failed to follow accepted standards of care and administer medications or treatments in a responsible manner in accordance with medical director’s order and protocols.”
Use-of-force investigation
Following Barcenas' death, the Boulder Critical Incident Team (BCIT) was called in to investigate the case. The team is made up of members from various agencies and is focused on investigating use-of-force incidents. The investigation was then presented to the Boulder County District Attorney's Office for review.
Boulder PD and the University of Colorado Police Department did not participate in the investigations, since their officers were the subject.
Following its review, the district attorney's office determined that the involved officers were justified in their use of force and no charges would be filed. However, the DA's office determined that charges would be filed against Paramedic McClure.
In his report, Boulder County District Attorney Michael Dougherty said the investigation faced a "number of unforeseen delays."
"The autopsy report was not completed until May based upon a thorough review and analysis by the forensic pathologist," Dougherty wrote. "Additionally, American Medical Response (AMR) indicated early in the investigation they would cooperate with the investigation but then failed to respond to many of the further communications."
According to Dougherty, "two separate search warrants had to be completed to get any records and information from AMR." In addition, AMR personnel who were willing to be interviewed did not agree to be interviewed until within the last three weeks, "and only after several pointed communications." The DA's office said it learned in the last two weeks that two remaining AMR personnel did not agree to be interviewed.
The DA's office is still working to interview a Boulder Fire paramedic. According to Dougherty, his office is "trying to engage in conversations" with the paramedic's attorney.
Dougherty said the people he is trying to talk with are being viewed as witnesses, not suspects.
"Although every individual has a constitutional right to remain silent, the lack of cooperation and unwillingness to provide interviews caused significant delays," the district attorney wrote.
In a statement to Denver7, AMR confirmed McClure's termination and said the allegations "do not reflect the standards or values of AMR nor the dedication of thousands of EMTs and paramedics who do this work honorably every day."
- Read the full statement below:
"We extend our deepest condolences to the family and loved ones of the patient who died. Every life entrusted to our care is precious, and the suggestion that one of our own failed to uphold that trust is deeply impacting to all of us at American Medical Response (AMR).
We can confirm that the paramedic involved was terminated when an internal investigation identified that he violated county protocols after extensive training. The allegations made today do not reflect the standards or values of AMR nor the dedication of thousands of EMTs and paramedics who do this work honorably every day.
We cannot speculate on the evidence or the outcome of pending court proceedings. We understand the DA's concern about our initial response pace. We believe we were meeting all requests as they came in and remain fully committed to providing whatever additional information is needed, out of respect for the investigative process.
This tragic incident does not represent the care our first responders provide, and AMR remains committed to providing care of the highest quality."
Paramedics and the use of sedatives
Barcenas' death is reminiscent of the 2019 death of Elijah McClain in Aurora.
McClain, a 23-year-old massage therapist, encountered police on Aug. 24, 2019, after a person called 911 to report a “sketchy” man walking in Aurora. Officers responded and put McClain, who was unarmed and had not committed a crime, into a neck hold. Paramedics administered a sedative called ketamine, which officials said led to cardiac arrest on the way to the hospital. He was declared brain dead days later and died on Aug. 30, 2019.
Elijah McClain | 360 In-Depth Coverage
Two Aurora paramedics — Peter Cichuniec and Jeremy Cooper — were convicted in McClain's death.
Cichuniec was convicted in late December 2023 of criminally negligent homicide and second-degree assault by unlawful administration of drugs. Cooper was found guilty of criminally negligent homicide but was acquitted of second-degree assault.
In March 2024, Judge Mark Warner sentenced Cichuniec to five years in prison for the assault charge — the mandatory minimum sentence under sentencing guidelines. Cichuniec was also sentenced to one year in prison for the criminally negligent homicide charge, which was to be served concurrently.
Six months later, Warner vacated Cichuniec's sentence and converted it to four years of probation.
Cooper, meanwhile, was sentenced in April 2024 to four years of probation and more than a year in a work release program.
There has been change in the wake of McClain’s death. In June 2020, the Aurora Police Department banned carotid pressure holds. The circumstances surrounding his death also led APD to enter into a 5-year-long consent decree with 68 mandates.
At the state level, in July 2021, Governor Jared Polis signed a bill banning police officers from directing paramedics to administer ketamine. The bill requires professionals to weigh people before injecting ketamine and bans medical providers from using ketamine to calm someone suspected of criminal behavior.
When asked, Dougherty acknowledged the similarities between the case surrounding McClain's death and the charges against McClure, but he also referenced a case involving two Boulder County deputies sentenced to prison for their involvement in the death of a 23-year-old man who was being transported in a sheriff's office van.
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