People v. Cooper

── People v. Cooper ── Court: Colorado Court of Appeals Date: June 04, 2026 Category: General The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion. SUMMARY June 4, 2026 2026 COA 44 No. 24CA1002, People v. Cooper — Criminal Law — Commencement of Criminal Action — Judge May Require Prosecution — Special Prosecutor; Government — Department of Law — Powers and Duties of the Attorney General A division of the court of appeals holds that the special prosecutor statute, section 16-5-209, C.R.S. 2025, is not the exclusive means for prosecuting an individual when the elected district attorney has declined to prosecute. The Attorney General may also prosecute an individual pursuant to an executive order issued by the Governor under section 24-31-101(1), C.R.S. 2025, consistent with the Colorado Constitution. The division also holds that, under section 18-3-105, C.R.S. 2025, which defines the offense of criminally negligent homicide, and under section 18-1-501(3), C.R.S. 2025, which defines criminal negligence, the standard of care applicable to the defendant’s conduct is that of a reasonable person in the actor’s situation under all the circumstances known to the actor. That standard must — in a case like this — be one that would apply to an emergency medical professional treating a person in the patient’s condition. COLORADO COURT OF APPEALS 2026 COA 44 Court of Appeals No. 24CA1002 Adams County District Court No. 21CR2800 Honorable Mark Warner, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Jeremy Cooper, Defendant-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE J. JONES Meirink and Berger*, JJ., concur Announced June 4, 2026 Philip J. Weiser, Attorney General, Erin K. Grundy, First Assistant Attorney General, Gabriel P. Olivares, Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee Alonzi Pellow Beggan LLC, Mike K. Pellow, Shana R. Beggan, Denver Colorado; Wheeler Trigg O’Donnell LLP, Frederick R. Yarger, Denver, Colorado, for Defendant-Appellant Lewis Roca Rothgerber Christie LLP, Kendra N. Beckwith, Nathan B. Thoreson, Denver, Colorado, for Amici Curiae American College of Emergency Physicians, Emergency Nurses Association, and the Colorado Chapter of the American College of Emergency Physicians The Kelman Buescher Firm, Niaomi Perera, Denver, Colorado, for Amicus Curiae International Association of Fire Fighters Philip J. Weiser, Attorney General, Kurtis T. Morrison, Deputy Attorney General, Joseph G. Michaels, Assistant Solicitor General, Lane Towery, Assistant Attorney General, Denver, Colorado, for Amicus Curiae Jared S. Polis, Governor of the State of Colorado *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2025. ¶1 This case arises out of the tragic death of Elijah McClain following an interaction with Aurora police officers and fire rescue paramedics. Defendant, Jeremy Cooper, is the paramedic who injected Mr. McClain with ketamine, which, the People contend, contributed to his death. Cooper appeals the district court’s judgment of conviction entered on a jury’s verdict finding him guilty of criminally negligent homicide. We conclude that the district court erred by f