Overview
- The Colorado Court of Appeals reversed the criminally negligent homicide verdicts for Jeremy Cooper and Peter Cichuniec and sent those counts back for retrial after finding legal errors in the trial.
- The court ruled on June 4, 2026, that the trial judge misled jurors by not clarifying whether the applicable standard of care was that of a trained paramedic rather than a generic reasonable person.
- The appeals court left intact Cichuniec’s separate conviction for second‑degree felony assault for unlawful administration of drugs, so one felony conviction remains in force.
- Colorado Attorney General Phil Weiser said his office will defend the prosecutions and is expected to appeal to the state supreme court, so the timing and outcome of any new trials are uncertain.
- The case revived policy and public debates after McClain’s 2019 death led to a $15 million city settlement, limits on ketamine use and bans on chokeholds, and experts warn the retrials could influence how paramedics make split‑second medical decisions in custody situations.