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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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Medina Alert issued after hit-and-run crash seriously injures motorist in Denver

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Medina Alert issued after hit-and-run crash seriously injures motorist in Denver


DENVER — Authorities issued a Medina Alert Sunday following a hit-and-run crash that seriously injured a motorist.

Police said the driver of a gold 2008 BMW X3 SUV struck another vehicle at the intersection of Sheridan Boulevard and W. 17th Avenue in Denver around 4:37 p.m. Saturday.

The crash left the driver of the victim vehicle with serious bodily injuries, according to the Colorado Bureau of Investigation.

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The BMW driver fled following the crash, traveling northbound on Sheridan Boulevard, CBI said in a bulletin.

The gold BMW X3, with Colorado license plate ECB F17, sustained heavy damage on the driver’s side from the collision.

If seen, call 911 or the Denver Police Department at 720-913-2000.

This was the second hit-and-run crash and Medina Alert in Denver on Saturday.

Earlier Saturday, a pedestrian in a crosswalk was seriously injured after being struck by a 2010 white Toyota Corolla, Colorado license plate EDM U42, at the intersection of Federal Boulevard and W. Kentucky Avenue.

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The driver of the Corolla left the scene—heading northbound on Federal Boulevard.

No arrests have been announced.

A Medina Alert honors the memory of Jose Medina, a 21-year-old valet driver who was killed by a hit-and-run driver in 2011.

A taxi driver witnessed the event, followed the driver, and gave the police the license plate number, leading to the capture and arrest of the suspect.

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Coloradans making a difference | Denver7 featured videos


Denver7 is committed to making a difference in our community by standing up for what’s right, listening, lending a helping hand and following through on promises. See that work in action, in the videos above.





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Denver shelter working to end homelessness for at risk youth, funding at risk

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Denver shelter working to end homelessness for at risk youth, funding at risk


Urban Peak is working to help Colorado youth have safe housing and support, and the organization says the community need is growing. They say 90% of the youth they assisted have been able to find safe housing and, even with funding cuts looming, it will continue to help those in need.



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GUEST COLUMN: Principles for Guiding River Water Negotiations – Calexico Chronicle

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GUEST COLUMN: Principles for Guiding River Water Negotiations – Calexico Chronicle


Next week is the annual gathering of “water buffaloes” in Las Vegas. It’s the Colorado River Water Users Association convention. About 1700 people will attend, but probably around 100 of them are the key people—the government regulators, tribal leaders, and the directors and managers of the contracting agencies that receive Colorado River water.

Anyone who is paying attention knows that we are in critical times on the river. Temporary agreements on how to distribute water during times of shortage are expiring. Negotiators have been talking for several years but haven’t been able to agree on anything concrete.

I’m just an observer, but I’ve been observing fairly closely. Within the limits on how much information I can get as an outsider, I’d like to propose some principles or guidelines that I think are important for the negotiation process.

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  1. When Hoover Dam was proposed, the main debate was over whether the federal government or private concerns would operate it. Because the federal option prevailed, water is delivered free to contractors. Colorado River water contractors do not pay the actual cost of water being delivered to them. It is subsidized by the U.S. government. As a public resource, Colorado River water should not be seen as a commodity.
  2. The Lower Basin states of Arizona, California, and Nevada should accept that the Upper Basin states of Colorado, New Mexico, Utah, and Wyoming are at the mercy of Mother Nature for much of their annual water supply. While the 1922 Colorado River Compact allocates them 7.5 million acre-feet annually, in wet years, they have been able to use a maximum of 4.7 maf. During the long, ongoing drought, their annual use has been 3.5 maf. They shouldn’t have to make more cuts.
  3. However, neither should the Upper Basin states be able to develop their full allocation. It should be capped at a feasible number, perhaps 4.2 maf. As compensation, Upper Basin agencies and farmers can invest available federal funds in projects to use water more efficiently and to reuse it so that they can develop more water.
  4. Despite the drought, we know there will be some wet years. To compensate the Lower Basin states for taking all the cuts in dry years, the Upper Basin should release more water beyond the Compact commitments during wet years. This means that Lake Mead and Lower Basin reservoirs would benefit from wet years and Lake Powell would not. In short, the Lower Basin takes cuts in dry years; the Upper Basin takes cuts in wet years.
  5. Evaporation losses (water for the angels) can be better managed by keeping more of the Lower Basin’s water in Upper Basin reservoirs instead of in Lake Mead, where the warmer weather means higher evaporation losses. New agreements should include provisions to move that water in the Lower Basin account down to Lake Mead quickly. Timing is of the essence.
  6. In the Lower Basin states, shortages should be shared along the same lines as specified in the 2007 Interim Guidelines, with California being last to take cuts as Lake Mead water level drops.
  7. On the home front, IID policy makers should make a long-term plan to re-set water rates in accord with original water district policy. Because IID is a public, non-profit utility, water rates were set so that farmers paid only the cost to deliver water. Farmers currently pay $20 per acre foot, but the actual cost of delivering water is $60 per acre foot. That subsidy of $60 million comes from the water transfer revenues.
  8. The SDCWA transfer revenues now pay farmers $430 per acre-foot of conserved water, mostly for drip or sprinkler systems. Akin to a grant program, this very successful program generated almost 200,000 acre-feet of conserved water last year. Like any grant program, it should be regularly audited for effectiveness.
  9. Some of those transfer revenues should be invested in innovative cropping patterns, advanced technologies, and marketing to help the farming community adapt to a changing world. The IID should use its resources to help all farmers be more successful, not just a select group.
  10. Currently, federal subsidies pay farmers not to use water via the Deficit Irrigation Program. We can lobby for those subsidies to continue, but we should plan for when they dry up. Any arrangement that rewards farmers but penalizes farm services such as seed, fertilizer, pesticide, land leveling, equipment, and other work should be avoided.
  11. Though the IID has considerable funding from the QSA water transfers, it may need to consider issuing general obligation bonds as it did in its foundational days for larger water efficiency projects such as more local storage or a water treatment plant to re-use ag drain water.

Much progress has been made in using water more efficiently, especially in the Lower Basin states, but there’s a lot more water to be saved, and I believe collectively that we can do it.





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