How a Colorado judge decided on the sentence of former Aurora cop in death of Elijah McClain

Former Aurora Officer Randy Roedema gets in hi struck after leaving the courthouse following being sentenced in his role in the 2019 death of Elijah McClain on Friday, Jan. 5, 2024, at the Adams County Court in in Brighton, Colo. (Timothy Hurst/Denver Gazette)

Sheneen McClain, right, the mother of Elijah McClain, walks out of the courthouse with her fist raised along with MiDian Holmes, center, and Auon'tai Anderson, following the sentencing of former Aurora police Officer Randy Roedema for his role in the 2019 killing of McClain’s son, on Friday, Jan. 5, 2024, at the Adams County Court in in Brighton, Colo. (Timothy Hurst/Denver Gazette)

While Elijah McClain's mother insisted that justice was not served in the death of her son, the district judge who presided over three trials said he carefully weighed the "unequivocal" evidence against the lone police officer ultimately convicted but also considered mitigating circumstances, notably his lack of criminal history and his service to his country.

Seventeenth Judicial District Judge Mark Warner Friday sentenced former Aurora Police Officer Randy Roedema to 14 months in jail, with work release, on the third-degree assault conviction and four years probation on the more-serious criminally negligent homicide conviction — for which he could have been sentenced up to three years in prison. 

The way Warner put it, his hands were tied by the requirements of the law and he handed the penalty he believes best fit the crime. 

The judge also hinted of the sadness that will follow those involved in the trials. He began Friday's sentence delivery by remembering McClain, whom he described as "quirky, interesting, peaceful and hardworking man."

"There was a comment made in one of the trials that there's something terribly tragic about watching a movie with a tragic end and watching it again and again knowing what the end is going to be," he said. "I don't think there's anybody who's been involved in this case who could un-see what was on those videos."

"And certainly I expect Ms. McClain could never erase those images from her memory," he added. 

Warner, who studied political science at Iowa State University and received his law degree from the University of Denver College of Law, is a veteran judge who previously served as chief deputy district attorney. Then-Gov. Bill Owens appointed him as district court judge in 2005   

He ran the three trials, which received an enormous amount of media attention not only from Colorado but nationwide, tightly. Notably, he sought to protect the juries from the onslaught of publicity with the list of jurors — which is a public record — seal. He said he would lift the sealing order later this month. He also indicated he wouldn’t hesitate to extend that order or shorten it.

The trials started in September in Warner's Adams County courtroom in Brighton with Roedema and Jason Rosenblatt, who were charged with criminally negligent homicide, manslaughter and second-degree assault.

Roedema was convicted of criminally negligent homicide and third-degree assault in McClain's death, but the jury acquitted Rosenblatt of all charges.

In October, jurors heard opening statements for the trial of Nathan Woodyard, the first officer to stop McClain. He, too, was acquitted of all charges. 

In November, the defense and prosecutors made their opening statements in the trial of Aurora Fire Rescue paramedics Jeremy Cooper and Lt. Peter Cichuniec, who faced charges in Adams County of reckless manslaughter, criminally negligent homicide and three counts each of second-degree assault. The were convicted of criminally negligent homicide. Cichuniec was also convicted of one of the two second-degree assault charges against him for injecting the ketamine.

The three Aurora police officers had stopped McClain the night of Aug. 24 in 2019 as he walked home from a convenience store because a 911 caller had reported a suspicious person when he spotted McClain, who waved his arms while listening to music and wore a black mask covering most of his face. He was unarmed and had not been accused of any crime.

McClain, seemingly caught off guard, initially tried to keep walking and told officers he was going home.

The officers tackled McClain and put him in a chokehold until he was temporarily unconscious. Then Cooper and Cichuniec injected him with the powerful sedative ketamine, and McClain never regained consciousness. He died in the hospital three days later. 

On Friday, Rodema blamed that 911 caller for McClain’s death.

“I wish the bystander would not have made that call. We all responded in the way we were trained to do," he said. 

During the sentencing, the judge, who had listened hundreds of hours of testimony since Sept. 15 and read pages and pages of motions and discovery, offered insights into his thinking and approach.

For example, while a probation officer recommended that Roedema be sentenced to probation only, Warner said, "It's not the role of a probation officer to make a sentencing recommendation. That's what I'm here to do."

He reminded the defendant's attorneys they have 49 days to appeal his sentence, which they indicated they will do. 

Warner also told the attendees that criminally negligent homicide is not considered a violent crime under Colorado law.

"And despite what folks opinions, or my opinion might be, about whether this was violent or not, that doesn't control it," he said. "It's the Colorado General Assembly. As an example, if the court were to impose a three-year sentence, to the Department of Corrections, Mr. Roedema would be eligible for parole in roughly 13.5 months, and he would be eligible for a transitional community corrections sentence even prior to that."

Under criminal negligence, he said, a person went through a "gross deviation from the standard of care that a reasonable person would exercise. He fails to perceive a substantial and unjustifiable risk."

"The higher charge of recklessly causing the death of another means that somebody is clearly aware of the risks and disregards it," he said. "Here, what the jury found is he failed to perceive, or failed to become aware of, that risk."

Under the statutes, Warner was under several directives he must follow follow when handing down sentences. Notably, he must "punish a convicted offender by assuring the imposition of a sentence he deserves in relation to the seriousness of his offense." The judge must also assure a "fair and consistent treatment of all convicted offenders by eliminating unjustified disparity in sentences";  prevent crime and "promote respect for the law by providing an effective deterrent to others likely to commit similar offenses"; and, promote rehabilitation by "encouraging correctional programs that elicit the voluntary cooperation and participation of convicted offenders."

Warner must also a select a sentence, length and level of supervision that "addresses the offender's individual characteristics and reduces the potential that the offender will engage in criminal conduct after completing his or her sentence."

Finally, he must promote "acceptance of responsibility and accountability by offenders and to provide restoration and healing for victims and the community, while attempting to reduce recidivism and the costs to society by the use of restorative justice practices."

Warner said the court is bound not to put an emphasis on any the these factors to the exclusion of others.

In sentencing Roedema, Warner said the evidence was "fairly unequivocal" that the former officer used "relatively significant force against Mr. McClain when he was handcuffed and really wasn't much of a threat to anybody,"

He also added: "The mitigating circumstances here include the lack of any criminal history, a positive social history and his service to his country and community."

He finished by noting the requirements of the statutes.

"The court is doing this in part, of course, to provide punishment but taking into account the Colorado sentencing statutes in particular for criminally neglected homicide," Warner said. "He'll likely be serving just as much, or more, of a sentence than if I were to sentence him to the Department of Corrections and he will be under the supervision of the probation department for a longer period of time."