BRIGHTON, Colo. — An emergency medical technician on the scene during the confrontation that ended with the death of Elijah McClain repeatedly said Monday in the trial of two paramedics charged in McClain's death that he could not recall specific details of the incident.
Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec were among five men indicted in 2021 for the 2019 death of McClain. They are the last of the five to go to trial, and each is charged with reckless manslaughter and three counts of second-degree assault.
Austin Bradley was called as a prosecution witness on Monday in the case against Cichuniec and Cooper, but on one question or another his answer was the same: “I do not recall.”
At one point, prosecutor Jason Slothouber played a clip of body camera video that showed McClain after he had been subdued, vomited and inhaled some of it, and was apparently struggling to breathe. Near the end of the clip, McClain begged for help.
“What did Mr. Cooper do in response to Mr. McClain’s statements, I’m trying, please help me?” Slothouber asked.
“I can’t tell from this video,” Bradley said.
“Were you standing right next to him?” Slothouber asked.
“Yes, I was,” Bradley answered.
“Do you remember Mr. Cooper doing anything to address Mr. McClain’s statements here, I’m trying – please help me?” Slothouber asked.
“I do not recall,” Bradley said.
“Do you remember Mr. Cichuniec doing anything at this point in time to respond to these statements, I’m trying – please help me,” Slothouber asked.
“I do not recall,” Bradley said.
It went like that for much of Bradley’s time on the witness stand.
He was the 10th witness in the trial for Cichuniec and Cooper, which started last week.
The incident that ended in McClain’s death began with a 911 call the evening of Aug. 24, 2019. The caller reported seeing a man that seemed “sketchy” because he was wearing a jacket and a ski mask on warm summer evening.
Officers Nathan Woodyard, Jason Rosenblatt and Randy Roedema stopped McClain as he walked down along an Aurora street, heading home with three cans of ice tea he had purchased at a nearby convenience store.
Within seconds, the officers had their hands on McClain, and at one point, Roedema yelled out that McClain had tried to grab Rosenblatt’s gun – an assertion prosecutors have disputed repeatedly.
The officers subdued McClain with a carotid hold, which squeezes the arteries in the neck and deprives the brain of oxygen.
Over the next few minutes, McClain vomited and inhaled some of it, his body experienced a spike in acid, and he began struggling to breathe.
A short time later, paramedics Cichuniec and Cooper gave McClain a fatal overdose of the sedative Ketamine.
His heart stopped a short time later, and even though he was revived, McClain never regained consciousness and died three days later.
Prosecutors have alleged that Cichuniec and Cooper administered that drug without doing anything to assess McClain's medical condition. Defense attorneys have suggested that the paramedics couldn’t take any action because McClain was in police custody and the situation was still unsettled and potentially dangerous.
During part of his questioning, Stothouber asked Bradley a series of questions about those very issues after playing body camera footage that includes the sound of McClain retching. In the video, Bradley kneeled down next to McClain.
“What did you see Mr. McClain doing when he’s making those sounds, like, ack?” Slothouber asked.
“I don’t recall,” Bradley said.
“When you knelt down a second time to look at Mr. McClain, can you tell the jury what you saw?” Slothouber asked.
“I do not recall,” Bradley replied.
“Did Mr. Cooper – when you knelt down, did he warn you that it was too dangerous, that you should back off?” Slothouber asked.
“I do not recall,” Bradley said.
“Did anybody tell you it was too dangerous to kneel down next to the patient?” Slothouber asked.
“I do not recall,” Bradley answered.
Two earlier trials ended with the acquittals of Rosenblatt and Woodyard, while a jury convicted Roedema of the lesser charges of criminally negligent homicide and third-degree assault.
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