One of the paramedics who was charged for Elijah McClain’s death has filed a motion to dismiss the 11 counts against him.

According to KDVR, attorney David M. Goddard, filed the motion on behalf of Peter Cichuniec, who was one of two paramedics who chose to inject ketamine into McClain during the police altercation. The motion states that Cichuniec didn’t physically administer the ketamine to McClain — Jeremy Cooper, the other paramedic, did. Goddard also said that there is no probable cause to show that his client “knew that…Paramedic Cooper, was about to engage in conduct, in determining the need for and the amount of ketamine needed, that was a gross deviation from the standard of care that a reasonable person would exercise or that Paramedic Cooper was administering ketamine for any purpose other than a lawful medical or therapeutic purpose.”

As REVOLT previously reported, McClain died on Aug. 27, 2019, just five days after he went into cardiac arrest following a violent confrontation with Aurora police officers. The 23-year-old was detained after someone reported him as a “suspicious” person, although he was wearing a mask because he was anemic.

The cops grabbed McClain and placed him in a carotid chokehold. Body camera footage captured him pleading with the officers, saying that he was non-violent and couldn’t breathe. Once EMTs arrived, they injected a shot of 500 milligrams of ketamine into McClain, who later suffered a heart attack in the ambulance. He was declared brain dead at the hospital and taken off life support a few days later.

Both paramedics are charged with second-degree assault with intent to cause bodily injury, second-degree assault for recklessly causing serious bodily injury by means of a deadly weapon and second-degree assault for a purpose other than lawful medical or therapeutic treatment. Each of their assault charges also carries two counts of crimes of violence.

Aurora police officers Randy Roedema and Nathan Woodyard and former cop Jason Rosenblatt are charged with second-degree assault with intent to cause bodily injury and one count of a crime of violence.