Police officer guilty in McClain killing won't be allowed to finish sentence on in-home detention

A former police officer convicted in the 2019 death of Elijah McClain will continue serving his sentence in a jail work-release program, rather than on in-home detention, The Denver Gazette's media partner 9News reported on Tuesday.

The 9NEWS Investigates team learned attorneys for Randy Roedema – who was fired by the Aurora Police Department after an Adams County jury convicted him of criminally negligent homicide and third-degree assault – asserted that he was living in “constant fear of being attacked” and experiencing extreme anxiety in the county jail. In a May 29 motion, they requested that Roedema be allowed to finish his sentence confined to his home.

In a ruling made on June 21, the judge who presided over the three trials of first responders accused of wrongdoing in McClain’s death deferred a decision on the request indefinitely. District Judge Mark Warner made the decision after concluding that he did not have jurisdiction to rule on the request because Roedema had appealed his conviction.

Consequently, the Colorado Court of Appeals has jurisdiction over the case.

Roedema’s attorneys had filed a motion with the appeals court seeking an order that would give Warner the power to rule on the request. The appeals court denied that motion.

Roedema was one of three first responders found guilty in McClain’s death.

His 14-month work release sentence allows Roedema to leave the Adams County jail to go to work but requires that he return each day at the end of his shift.

The fatal confrontation that ended McClain’s life began the night of Aug. 23, 2019, when a 911 caller reported the man was masked and seemed “sketchy.”

McClain, walking home from a convenience store, was not armed and was not breaking any laws.

Three Aurora police officers subdued McClain, using a neck hold that cut off oxygen to the brain and taking him to the ground. McClain vomited and inhaled some of it and began struggling to breathe.

Two paramedics then injected McClain with the sedative Ketamine, and a short time later his heart stopped.

Though paramedics restored his pulse, he died three days later without ever regaining consciousness.

The jury that found Roedema guilty of criminally negligent homicide and third-degree assault, and also acquitted another officer involved in the incident.

A second jury acquitted a third officer involved in the incident.

A third jury convicted paramedic Peter Cichuniec of second-degree assault and criminally negligent homicide and paramedic Jeremy Cooper of criminally negligent homicide.

Judge Warner sentenced Roedema and Cooper to 14 months in jail and Cichuniec to five years in state prison.

For more on this story, and others, visit The Denver Gazette's news partners 9NEWS.com.