Ambulance personnel rarely face charges when a patient they treat dies. However, the trial of Elijah McClain tested this norm.
Prosecutors dropped their case against two Aurora Fire Rescue paramedics, Jeremy Cooper and Peter Chichunick, who had been charged with manslaughter and criminally negligent homicide for treating a patient who later died. Both pleaded not guilty.
This is a unique case, according to legal experts. Paramedics are often government employees with legal immunity, and even if they follow their medical training, accidents and deaths can occur. While police officers are seldom charged for on-duty conflicts due to laws protecting their right to use force, paramedics face criminal consequences extremely rarely when such conflicts occur at their workplace.
Cooper and Chichunick were among five defendants charged in the case, including three Aurora police officers. Juror Nathan Woodyard was found not guilty of all charges in November 2021. Randy Roedema and Jason Rosenblatt are scheduled to stand trial together in September. Roedema was found guilty in January 2023 of reckless manslaughter and third-degree assault.
The case revolves around the arrest of Elijah McClain, a 23-year-old massage therapist, musician, and animal lover, on August 24, 2019. He was confronted by police after a call about a "suspicious person" wearing a ski mask, buying iced tea from a supermarket, and heading home.
McClain's case is notable because of the diagnosis of "excited delirium" by Cooper and Chichunick and the subsequent administration of the powerful sedative ketamine. The defense claims McClain's death was due to the excessive ketamine dosage. This practice has sparked controversy and multiple investigations.
According to the indictment, McClain admitted to consuming a 500-milligram dose of ketamine, which should have been no more than 325 milligrams for his weight. As he was placed on the stretcher, he appeared unconscious, with no muscle tone, sluggish limbs, and visible vomit in his mouth. One officer reported hearing McClain snoring, which could indicate an overdose of ketamine.
Although the initial autopsy report stated the cause of death was undetermined, a revised report published in 2022 featured "complications of ketamine administration following restraint" as the cause of death. The exact cause of death remains undecided.
Dr. Stephen Cina, the pathologist who signed the revised autopsy report, stated that there were no signs of injuries inflicted by the police causing McClain's death. He suggested that if no ketamine had been administered, McClain might still be alive, potentially.
The trial brought forth several notable revelations, including the role of the ambulance crew, the application of ketamine, and the diagnosis of excited delirium.
Ketamine Factor
Defense attorneys for the three police officers accused in Aurora argued that McClain's death was due to the paramedics' administration of a high dose of ketamine. The use of ketamine by emergency responders to calm people against their will has sparked debate and led to multiple investigations.
The prosecution claimed that McClain chose to ingest a 500-milligram dose of ketamine, which should have been no more than 325 milligrams for his weight. The prosecution further stated that the paramedics' application of the sedative contributed to his heart attack.
The revised autopsy report described signs of ketamine intoxication, including vomiting and grunting. The exact amount of ketamine used was not specified in the report.
Response from the Medical Community
The use of drugs like ketamine in an unconscious or uncooperative person raises concerns among medical experts. The Centers for Disease Control and Prevention (CDC) published guidelines for first responders and medical professionals on its website, emphasizing the importance of individualized, patient-centered care during restraint and medical emergencies.
First responders and medical professionals are encouraged to consider non-pharmacological methods to calm agitated individuals and use physical restraint only as a last resort. Using chemical restraint in an unconscious or uncooperative person can pose a health risk.
The Future of EMS and Law Enforcement
The McClain trial brings to light important questions about the role of emergency medical services (EMS) and law enforcement during instances when their duties overlap. Collaborative training between EMS and law enforcement can better prepare responders for such situations, equipping them with tools to handle situations involving patients experiencing various physical and mental health issues.
The emotional and psychological impact of such incidents on EMS and police personnel should also be considered. The desire for accountability and justice remains a priority, as well as ensuring that first responders are trained and prepared to handle critically ill patients.
The trial of the Aurora paramedics serves as a grim reminder of the necessity of proper training, respect for patient rights, and the potential consequences of medical errors. The verdicts handed down during the trial will have significant implications for the future of EMS and law enforcement practices.
