AURORA, Colo. — Attorneys for two former paramedics facing charges in the death of Elijah McClain filed a petition with the Colorado Supreme Court that, while a statistical longshot, could result in the dismissal of the cases against them – and three current and former Aurora police officers, 9NEWS has learned.
It’s not clear how soon the supreme court could rule, but jury selection is scheduled to begin Friday for two of those officers – Randy Roedema and Jason Rosenblatt – on charges of reckless manslaughter and second-degree assault in the August 2019 death of McClain, 23.
“It has the potential to completely derail and ultimately end the prosecution,” said 9NEWS legal analyst Scott Robinson.
The officers stopped McClain as he walked along an Aurora street, not breaking any laws, following a 911 call from a man who reported he seemed “sketchy” and was wearing a mask. The officers grabbed, subdued and restrained him during a struggle, and ultimately the paramedics administered a shot of Ketamine, a sedative. McClain’s heart stopped, and though he was initially revived he died three days later at a hospital.
Roedema, 41, remains suspended by the Aurora Police Department, and Rosenblatt, 34, no longer works there.
McClain’s death sparked public demands for accountability, and after then-District Attorney Dave Young of Adams County concluded no criminal charges would be filed, Gov. Jared Polis appointed state Attorney General Phil Weiser special prosecutor in the case.
Weiser then took the case to a statewide grand jury, which indicted Roedema, Rosenblatt, former officer Nathan Woodyard, and the two now-former paramedics, Peter Cichuniec and Jeremy Cooper.
The crux of the identical petitions filed by attorneys for the paramedics is that the duly elected district attorney – Young – declined to file charges and the attorney general didn’t have jurisdiction to take the case.
“With a finding that the proper procedures were not followed, these charges would be dismissed as the court would be without jurisdiction to hear these matters that were improperly brought … in violation of the defendant’s due process rights under the Colorado and U.S. Constitutions,” attorneys for the paramedics wrote in their petitions.
Lawrence Pacheco, a spokesman for Weiser, declined to comment.
The motions were filed under the rules governing appeals in Colorado. Known informally as a “Rule 21” petitions, they are rarely granted.
Robinson said this one, however, “is an intriguing issue.”
“It is not a frivolous or non-meritorious issue,” Robinson said
The supreme court has two options: It can deny the petition, or it can issue what’s known as a “show cause” order. In that case, the Attorney General’s Office would have to show why the petition should not be granted and the charges dismissed.
The petitions were filed at 4:35 p.m. Wednesday by attorneys for Cichuniec, 50, and Cooper, 40. Attorneys for Roedema, Rosenblatt and Woodyard asked the court to allow them to join the appeal if the Supreme Court issues a “show cause” order.
If the trial of Roedema and Rosenblatt proceeds, each is facing a sentence that could range from probation to 16 years in prison if convicted of the more serious charge, second-degree assault.
Another trial is scheduled to begin in mid-October for Woodyard, 34, on a charge of reckless manslaughter.
A third trial for Cichuniec and Cooper, each of whom faces charges of reckless manslaughter and three counts of second-degree assault, is scheduled to begin in late November.
Jury selection is slated to begin Friday for the trial of Roedema and Rosenblatt and continue at least through Monday, with opening statements possible on Tuesday.
The trial is scheduled for four weeks.
Contact 9Wants to Know investigator Kevin Vaughan with tips about this or any story: kevin.vaughan@9news.com or 303-871-1862.
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