The trials for the Aurora police officers and paramedics accused in Elijah McClain’s death have been rescheduled to the fall, pushing back the batch of trials altogether about two months. The trial of the first two officers will now start Sept. 18.

17th Judicial District Judge Mark Warner agreed at the beginning of June to push back the trial of the two officers, Randy Roedema and Jason Rosenblatt, originally set for July. The decision affected the timing of the other two trials since they are set for three weeks each three months in a row.

The officers’ defense lawyers made the request over the objection of prosecutors, saying they needed more time to review tens of thousands of pages of evidence in the cases and prepare a proper defense.

Judge delays first criminal trial in Elijah McClain’s death over objections of prosecutors

McClain, 23, died in a hospital in 2019 days after he went into cardiac arrest following an encounter when the three police officers forcibly restrained him on Aug. 24, put him in a control neck hold and a paramedic called to the scene injected him with the sedative ketamine.

Aurora Police officers had responded to a call reporting a person wearing a mask who looked “sketchy” as McClain walked home from a convenience store after buying iced tea, but he was not suspected of any crime. He wore a ski mask to keep warm because of anemia, according to relatives.

Warner also granted a request compelling prosecutors to file a document laying out the actions by the officers they believe contributed to McClain’s death. 

A new trial date for the third police officer, Nathan Woodyard, hasn’t officially been set, a spokesperson for Attorney General Phil Weiser said. Woodyard allegedly arrived at the scene first. His trial was originally set for September.

The two paramedics charged, Peter Cichuniec and Jeremy Cooper, have their trial scheduled for Nov. 27. Cooper administered the ketamine to McClain, according to the indictment. 

A statewide grand jury convened by Weiser indicted the two paramedics and three officers in September 2021. The five face 32 counts altogether, including criminally negligent homicide, manslaughter and second-degree assault causing serious bodily injury. Cooper and Cichuniec also face a count each of second-degree assault with a deadly weapon – ketamine  – and unlawfully administering the sedative without consent.

They have each pleaded not guilty.

Attorneys request trial delay for two Aurora officers charged in Elijah McClain’s death

An autopsy report by Dr. Stephen Cina originally characterized McClain’s cause and manner of death undetermined. But an amended autopsy report concluded McClain would have most likely survived if not for the administration of ketamine. It was determined to be too high for his body weight. However, Cina still found his manner of death undetermined, not a homicide.

Cina’s amended report adds he saw “no evidence that injuries inflicted by police contributed to death” because McClain was conscious, able to speak and responsive following the neck hold and removal of the officers’ body weight from him.

But the indictment claims the struggle with the police officers caused hypoxia, hypoxemia and metabolic acidosis: Low oxygen, low oxygen levels in the blood and too much acid in the blood. It also claims the officers did not monitor McClain’s breathing or circulation. 

Medical experts told grand jury ketamine caused Elijah McClain’s death, records show