Paramedic convicted of Elijah McClain's death released after reduced sentence

A paramedic convicted in connection with the 2019 death of 23-year-old Elijah McClain has been released from prison after a judge reduced his sentence on Friday.

Peter Cichuniec, 51, was accused of giving McClain an excessive amount of ketamine to sedate him after an August 2019 encounter with police in Aurora, Colorado. He was found guilty in December 2023 of second-degree assault, unauthorized administration of drugs and involuntary manslaughter.

Judge Mark Warner sentenced Cichuniec in March to five years in prison for assault, the minimum sentence, and one year for involuntary manslaughter, both to be served concurrently. He faced up to 16 years in prison.

According to the Associated Press, Warner reduced the sentence on Friday and commuted it to four years probation.

A spokesman for the Colorado Department of Corrections confirmed to ABC News on Friday evening that Cichuniec is no longer in their custody.

According to the Denver Post, Warner said during a hearing on Friday that there were “unusual and mitigating circumstances and they are truly exceptional in this particular case.”

ABC News has contacted Cichuniec's defense attorneys for comment.

The ruling came after the defense filed a motion to modify Cichuniec's sentence, based on a provision in state law that allows courts to modify a mandatory sentence after the defendant has served at least 119 days in prison. At his sentencing, Cichuniec received 70 days credit for time already served.

Colorado Attorney General Philip Weiser, whose office prosecuted the case, had opposed the change. In court documents, he argued, among other things, that a change in sentence would undermine the jury's verdict and that Cichuniec had admitted in court that he knowingly gave McClain an overdose.

The state noted in its response to the defense's motion that McClain's mother objects to any change in the sentence. Weiser had previously said it “sends a strong message that no profession, be it a paramedic, nurse, police officer, elected official or CEO, should be immune from criminal prosecution for actions that violate the law and harm people.”

The Colorado Attorney General's office said Friday that it was “disappointed” with the sentence reduction, “but we respect the court's decision.”

The chairman of the International Firefighters Association, which had advocated for Cichuniec throughout the case, said he was “relieved” by the judge's decision on Friday.

“Peter Cichuniec does not belong behind bars,” President Edward Kelly said in a statement. “The IAFF will always prioritize and advocate for public safety and the ability of our members to do their work without fear of unfounded prosecution.”

McClain's case gained national attention months after his death amid protests following the police killing of George Floyd.

Cichuniec was one of five people charged in connection with McClain's death and received the longest prison sentence of the three convicted.

His co-defendant, paramedic Jeremy Cooper, was found guilty of involuntary manslaughter and sentenced to four years probation.

Former police officer Randy Roedema was found guilty of third-degree manslaughter and assault in connection with McClain's death and sentenced to 14 months in prison.

Two other officers, Jason Rosenblatt and Nathan Woodyard, were found not guilty of manslaughter and involuntary manslaughter. Rosenblatt was also acquitted of second-degree assault.

McClain was stopped by police on August 24, 2019, while on his way home from a supermarket after a 911 caller told authorities he had seen a “suspicious” person in the area.

McClain was unarmed at the time and was wearing a ski mask. His family says he suffered from anemia, a blood disorder that can cause people to get cold more quickly.

When officers arrived at the scene, they told McClain they had the right to stop him because he was “suspicious.”

According to investigators, Woodyard applied a carotid hold to McClain, and he and the two other officers on the scene forcibly dragged McClain to the grass and held him down.

When paramedics arrived at the scene, McClain was given an injection of 500 milligrams of ketamine for “quick sedation to minimize time of struggle,” per department policy, and was loaded into an ambulance, where investigators said he suffered a heart attack.

McClain died on August 30, 2019, three days after doctors declared him brain dead and took him off life support, officials said.

McClain's cause of death, previously listed as “undetermined,” was listed in an amended autopsy report as “complications of ketamine administration following restraint.” The manner of death remained “undetermined” as listed in the original report.

McClain weighed 135 pounds, but was given a higher dose of ketamine than recommended for someone his size and suffered an overdose, according to Stephen Cina, a pathologist with the Adams County coroner's office.

Prosecutors argued during the trial that Cichuniec and Cooper failed to adequately medically examine McClain before administering the ketamine after arriving at the scene. Prosecutors also criticized the paramedics for waiting six minutes after administering the ketamine before checking McClain's pulse.

Cichuniec's attorney, Michael Lowe, told the jury that paramedics did not recheck his vital signs until he was on the stretcher because it was protocol.

ABC News' Kiara Alfonseca and Tesfaye Negussie contributed to this report.