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Colorado paramedic convictions in Elijah McClain's death prompt reassessment of police custody protocols

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Colorado paramedic convictions in Elijah McClain's death prompt reassessment of police custody protocols


  • Medical responders in the U.S. are reassessing their approach to treating those in police custody following the conviction of two Colorado paramedics in the 2019 death of Elijah McClain.
  • McClain died after being forcibly detained by police in Aurora, Colorado, and injected with ketamine by paramedics, leading to cardiac arrest.
  • Revisions to protocols include stricter guidelines for ketamine use and comprehensive patient assessments.

Medical responders across the U.S. are rethinking how they treat people in police custody after a jury last December handed down a rare decision: It convicted two Colorado paramedics for their roles in the 2019 death of Elijah McClain following an overdose of a powerful sedative.

As one of the paramedics faces sentencing Friday at a hearing in which McClain’s mother could speak about her son’s death, the case has sent shock waves through the ranks of paramedics across the U.S. and thrust their profession into the acrimonious fight over social justice sparked by the 2020 murder of George Floyd by Minneapolis police.

McClain, a 23-year-old Black massage therapist, was forcibly detained by police in the Denver suburb of Aurora while walking home from a convenience store. After officers claimed McClain was resisting, the paramedics injected him with the sedative ketamine. He went into cardiac arrest on the way to the hospital and died three days later.

COLORADO PARAMEDICS FACE HOMICIDE CHARGES IN DEATH OF ELIJAH MCCLAIN

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The conviction of the paramedics and one of the police officers brought a small measure of justice to the victim’s family. Yet the case has also highlighted gaps in medical procedures that experts said must be addressed so more deaths can be prevented.

Demonstrators carry placards as they walk down Sable Boulevard during a rally and march over the death of Elijah McClain in Aurora, Colo., June 27, 2020. Paramedic Peter Cichuniec, the senior medical responder on the scene during the altercation with Elijah McClain, faces years in prison when he is expected to be sentenced on March 1, 2024. (AP Photo/David Zalubowski, File)

“We failed to realize just how dangerous the restraint and chemical sedation of these individuals can be,” said Eric Jaeger, a paramedic and EMS educator in New Hampshire. “For better or worse the criminal convictions are focusing attention on the problem.”

The response includes revisions to patient protocols aimed at elevating how seriously ketamine injections are treated — or avoiding them altogether when alternative drugs are more appropriate.

COLORADO POLICE OFFICER FOUND GUILTY IN ELIJAH MCCLAIN’S DEATH AWAITS SENTENCING

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Some departments now require comprehensive patient assessments before and after ketamine injections. They’ve also cautioned against using ketamine on people being restrained by police in a prone position — which increases the chances for fatal complications by making it harder for patients to breathe — and stocked medicine kits with alternative sedatives. And they’ve reminded their paramedics not to defer to police when making medical decisions.

In the McClain case, “a lot of these basics were not done,” said Peter Antevy, medical director for several Florida fire departments.

“Everyone kind of assumed people just do them. But more and more you’re seeing with the advent of body cameras that people aren’t doing these things,” he said. “We need to put the basics in black and white.”

The changes have come relatively swiftly within a profession in which it can take up to a decade for the latest medical research to filter down to paramedics on the front lines, Jaeger said. Nevertheless, since McClain’s death, Jaeger has documented five similar cases involving patients dying after receiving ketamine, most recently a 29-year-old man in Baltimore last summer.

In Aurora, the paramedics’ indictment is blamed by union officials for prompting some medical responders to scale back their duties.

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The day after the verdicts, Aurora’s fire chief temporarily suspended a requirement that firefighters also serve as paramedics, fearing the convictions would lead to a mass exodus of personnel.

So far about 10% of the department’s certified paramedics have taken a pay cut and are no longer working as paramedics, reverting to the role of emergency medical technicians, or EMTs, who cannot provide advanced life-saving measures.

Fire Chief Alec Oughton said enough paramedics remain for every ladder truck and engine to have an assigned paramedic.

But the president of the International Association of Fire Fighters union said the convictions put lives at risk in the city because EMTs aren’t qualified to provide life-saving drugs, such as for patients suffering heart attacks.

“The legacy of Attorney General Phil Weiser is there is going to be less paramedics to respond to people who need help,” said union president Edward Kelly, referring to the state attorney general tasked by Colorado’s Democratic governor with reinvestigating McClain’s death in 2020 following protests over the killing of George Floyd.

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No one was initially charged in McClain’s death, mostly because the first autopsy report could not conclude why he died. The autopsy was updated in 2021 — after Weiser convened a grand jury to examine the case — and it found McClain died because he was given ketamine after being restrained by police.

Kelly said ketamine did not kill McClain, noting the autopsy report’s finding that the amount of the drug found in his system was at the low end of what is normally considered safe.

A 2021 study co-authored by Antevy examined 11,000 instances of patients receiving ketamine over a yearlong period. The drug was a possible contributor to just two deaths outside a hospital setting, the researchers concluded.

“Ketamine when used safely and correctly is a life-saving medication,” Antevy said.

Paramedic Peter Cichuniec — the senior medical responder on the scene during the altercation with McClain — faces a mandatory yearslong prison sentence during Friday’s hearing before a state judge.

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A jury in December found him guilty of criminally negligent homicide and felony second-degree assault — the most serious verdict handed down against any of the first responders indicted in the case. The assault conviction carries a sentence of between five and 16 years in prison.

COLORADO OFFICER FOUND GUILTY OF KILLING ELIJAH MCCLAIN DURING VIOLENT POLICE ENCOUNTER

Police had stopped McClain following a suspicious person complaint. After an officer said McClain reached for an officer’s gun — a claim disputed by prosecutors — another officer put him in a neck hold that rendered him temporarily unconscious. Officers also pinned down McClain before paramedic Jeremy Cooper injected him with ketamine. Cichuniec said it was his decision to use the drug.

Prosecutors said the paramedics did not conduct basic medical checks, such as taking McClain’s pulse and monitoring his breathing before administering the ketamine. The dose was too much for someone of his size — 140 pounds, experts testified.

Defense attorneys for the paramedics said they followed their training in giving ketamine after diagnosing McClain with ” excited delirium,” a disputed condition some say is unscientific and has been used to justify excessive force.

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Colorado coaching great McCartney dies at 84

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Colorado coaching great McCartney dies at 84


Bill McCartney, a three-time coach of the year in the Big Eight Conference who led the Colorado Buffaloes to their only national football title in 1990, has died. He was 84.

McCartney died Friday night “after a courageous journey with dementia,” according to a family statement.

“Coach Mac touched countless lives with his unwavering faith, boundless compassion, and enduring legacy as a leader, mentor and advocate for family, community and faith,” the family said in its statement. “As a trailblazer and visionary, his impact was felt both on and off the field, and his spirit will forever remain in the hearts of those he inspired.”

After playing college ball under Dan Devine at Missouri, McCartney started coaching high school football and basketball in Detroit. He then was hired onto the staff at Michigan, the only assistant ever plucked from the high school ranks by Bo Schembechler.

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Schembechler chose wisely. As the Wolverines’ defensive coordinator during the 1980 season, McCartney earned Big Ten “Player” of the Week honors for the defensive scheme he devised to stop star Purdue quarterback Mark Herrmann.

“When I was 7 years old, I knew I was going to be a coach,” McCartney told The Gazette in 2013. “My friends, other kids at that age were going to be president, businessmen, attorneys, firemen. Ever since I was a little kid, I imitated my coaches, critiqued them, always followed and studied them.”

In 1982, McCartney took over a Colorado program that was coming off three straight losing seasons with a combined record of 7-26. After three more struggling seasons, McCartney turned things around to go to bowl games in nine out of 10 seasons starting in 1985, when he switched over to a wishbone offense.

His 1989 team was 11-0 when it headed to the Orange Bowl, where Notre Dame dashed Colorado’s hopes of a perfect season. McCartney and the Buffaloes, however, would get their revenge the following season.

After getting off to an uninspiring 1-1-1 start in 1990, Colorado won its next nine games to earn a No. 1 ranking and a rematch with the Fighting Irish. This time the Buffaloes prevailed, 10-9, and grabbed a share of the national title atop the AP poll (Georgia Tech was tops in the coaches’ poll).

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McCartney won numerous coach of the year honors in 1989, and he was also Big Eight Coach of the Year in 1985 and 1990. His teams went a combined 58-11-4 in his last six seasons before retiring (1989-94).

The Buffaloes finished in the AP Top 20 in each of those seasons, including No. 3 in McCartney’s final year.

“I was fortunate to be able to say goodbye to Coach in person last week,” Colorado athletic director Rick George, who worked under McCartney and was a longtime friend of his, said in a statement. “Coach Mac was an incredible man who taught me about the importance of faith, family and being a good husband, father and grandfather. He instilled discipline and accountability to all of us who worked and played under his leadership.

“The mark that he left on CU football and our athletic department will be hard to replicate.”

McCartney remains the winningest coach in Colorado history. He retired at age 54 with an overall record of 93-55-5 (.602) in 13 seasons, all with Colorado.

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He was inducted into the College Football Hall of Fame in 2013. His family announced in 2016 that McCartney had been diagnosed with late-onset dementia and Alzheimer’s.

“Here’s what football does: It teaches a boy to be a man,” McCartney told USA Today in 2017. “You say, ‘How does it do that?’ Well, what if you line up across from a guy who’s bigger, stronger, faster and tougher than you are? What do you do? Do you stay and play? Or do you turn and run? That’s what football does. You’re always going to come up against somebody who’s better than you are.

“That’s what life is. Life is getting knocked down and getting back up and getting back in the game.”

ESPN’s Adam Rittenberg and The Associated Press contributed to this report.



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Colorado grocery workers could strike against King Soopers, again

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Colorado grocery workers could strike against King Soopers, again


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DENVER—After securing a lucrative contract for grocery workers three years ago, United Food and Commercial Workers Local 7 is back at the bargaining table with King Soopers, an affiliate of grocery giant Safeway/Albertsons, and negotiations are stalling, again.

Last week, UFCW Local 7 units at King Soopers stores in Colorado Springs, Pueblo, Grand Junction and Northern Colorado agreed to a two week contract extension to continue bargaining. The King Soopers/City Market contract negotiations will resume January 15 and 16.

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The extended contract will now expire on January 24 at midnight. Strike authorization votes could be held in the coming weeks.

“We’ve been negotiating with King Soopers City Market representatives for about three months, and we’ve made little to no progress with the company,” said Kim Cordova, president of the UFCW Local 7.

“The company has so much cash they have announced a plan to spend roughly $2 billion on stock buybacks. Instead of spending this money on its stock, the company should be investing in stores and workers,” the union said.

Late last year, in a blow to corporate interests and monopoly power, U.S. District Judge Adrienne Nelson in Portland, Ore., and King County Superior Court Judge Marshall Ferguson in Seattle, Wash., killed the Kroger-Albertson’s grocery chain mega-merger.

The resistance to the merger was spearheaded by the Stop the Merger campaign, a coalition of progressive UFCW locals, with little to no assistance from the International. Local 7 was part of the core of this coalition, along with Local 3000, Local 770 and Local 324. The other locals who were part of the coalition also will begin bargaining in late January and early February.

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Even with excitement among UFCW members with the blocked merger, grocery workers are tired and have been overworked, Cordova said. “They have been really disregarded through this whole attempted merger that failed.” Immediately after the dissolution of the merger agreement, both Kroger and Albertsons announced billions of dollars of stock buybacks.

“It was a cynical move to line the pockets of CEOs and key shareholders rather than invest the money locally in sadder stores with fresher food,” Todd Crosby, who helped coordinate the Stop The Merger campaign, told People’s World. “This is money that could be invested in the workers who provided the service and safe food.”

Major issues continue to be low-staffing, unsafe working conditions in the stores, hours and wages for lower-tiered workers, a lack of a reasonable path to full-time employment, job protection from the use of artificial intelligence, and unreasonable quotas and shafting on overtime.

Says more help needed

“I would like to see more help in my department because I can’t continue to do the job of three clerks. We need help, we need workers!” a produce manager at the Denver King Soopers store said.

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Roman V., who has worked at King Soopers for over eight years, said winning adequate staffing was the most important demand for him in this contract.

“It is so crazily understaffed there are hardly enough people there to do the job daily and people get in trouble constantly because of job performance. I don’t see how they can get in trouble for job performance when performing the job of several people,” he said.

“I transferred into the store two years ago, and we’ve been shorthanded the whole time that I’ve been here,” said grocery worker Irene. “We’re not meeting the standards because we don’t have enough people to do the required work. Since we’re not meeting the standards, they are taking away hours. This doesn’t make any sense to me.”

Throughout bargaining, Safeway/Albertsons has refused to provide the union with basic information and data concerning staffing models—the main grievance workers and their union have with the company.  And, as Local 7 points out, Safeway/Albertsons is doing well, but they are still cutting hours.

“Despite the company’s claims over the past two years that they need to merge with Kroger to do well, their sales numbers actually surpassed Kroger’s. This occurred even though Safeway/Albertsons gave away $4 billion in cash to wealthy shareholders back in early 2023. Adding insult to injury, the companies would be doing far better if they adequately staffed our stores,” the union said.

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Chris Herrera, a 40-year UFCW member and bargaining committee member, said that so far in negotiations, Safeway/Albertsons has been unwilling to make the necessary improvements to staffing levels, angering the workers and prompting many to want to authorize a strike.

The strike three years ago was one of the largest strikes in Colorado history, with 8,000 workers walking out, and it marked the first time grocery workers have gone on strike in the state since the late 1990s.

Last time around, King Soopers hired scabs to work at higher wages during the strike. In response, the union filed Unfair Labor Practice (ULP) charges against the company. When the strike concluded, King Soopers had to fire all the scabs and was forced to promote more than 500 part-time workers to full-time by the end of that year.

It’s unclear whether or not King Soopers will try the same union-busting tactic this time and workers aren’t holding their breath that the company will bargain in good faith without breaking labor law. Like in 2022, Local 7 has filed a number of charges with the National Labor Relations Board concerning ULPs.

“The company seems set on continuing its pattern of illegal and unfair labor practices, including a continuing refusal and failure to provide information, a cover-up of a 2022 agreement with Kroger that undercut negotiating leverage, and implementing new policies without notifying or bargaining with the Union,” Local 7 said in a bargaining update last week.

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“We remain focused on addressing staffing as a way to improve take-home pay and improve stores as places to work and shop. The company’s cutting of staff in Colorado is backfiring.”

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Cameron Harrison






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