A Boulder paramedic was charged with manslaughter by the Boulder district attorney for the in-custody death of Jesus Lopez Barcenas.
Barcenas was contacted by University of Colorado Boulder Police after they responded to a call of a suspicious person on university property on Dec. 27.
Barcenas, 36, was making “nonsensical statements” and trying to destroy property. A struggle with officers ensued, and Barcenas tried to take one of the officers’ firearms. They eventually restrained him and and two sets of paramedics were dispatched, one for Barcenas, and one for a CU Boulder officer who had injured his ankle in the tussle.
Paramedic Edward McClure arrived on scene and asked his partner to get the gurney. After officers got restraints on Barcenas, he was rolled on to his stomach, and McClure approached him with a syringe, then administered an injection, according to the officers.
Boulder PD officers on scene told McClure they were not allowed to be a part of administering a sedative. The officer told a sergeant that he did not ask for the injection and that the decision was McClure’s, according to the District Attorney’s decision letter.
“When paramedics arrived, paramedic Edward McClure injected Mr. Barcenas with a sedative before doing a proper medical assessment and used restraints to place Mr. Barcenas in a prone position on the gurney, a position in which a handcuffed patient is never to be placed” per his company’s own protocols, according to a press release from the 20th Judicial District Attorney’s Office.
The sedative, Droperidol, carries a black box label for risk of sudden cardiac death, according to the Food and Drug Administration. The black box warning is for doses at or above 2.5 mg. McClure administered 5 mg.
McClure administered the sedative into Barcena’s left buttocks through a hole in his jeans.
After he injected Barcenas, he stated to an officer, “I love holes in the pants,” according to the decision letter. The officer apparently didn’t hear him, “so Paramedic McClure repeated while laughing, ‘I love holes in the pants.’ ”
Barcenas was then placed on a gurney by paramedics face down in handcuffs. Paramedics lifted the top part of the gurney so his upper body was elevated. McClure can be heard on video telling the other paramedic, “Just keep him face down. I don’t care. Oh, just go over his arms. I don’t want to move him.”
Authorities believe that while in the ambulance, McClure placed a “spit sock” over Barcenas’ head. McClure was determined by his company, American Medical Response (AMR), to have violated several protocols. And the district attorney alleges that McClure made several inconsistent statements in interviews with investigators.
McClure was terminated by AMR three days later in a letter dated Dec. 30 for failing “to follow accepted standards of care and administer medications or treatments in a responsible manner in accordance with medical director’s order and protocols.”
Colorado Department of Public Health and Environment records show McClure was certified as a paramedic in the state on September 6, 2024. His certificate, which was to expire in 2027, is now listed as suspended.
Boulder County jail records indicate McClure was booked Friday afternoon on manslaughter and forgery charges and released on $25,000 bail.
“Based on our careful analysis of that investigation, the law enforcement officers involved were legally justified in using force against Mr. Barcenas. However, the reckless acts of the paramedic led to the untimely and tragic death of Mr. Barcenas,” District Attorney Michael Dougherty said in a prepared statement.
An autopsy determined Barcenas died of complications from sudden cardiac arrest following the altercation, which included the prone positioning, use of restraints and use of a sedative, which was not detailed in the DA’s statement. The effects of methamphetamine were listed as a contributing factor, according to the DA’s office.
The investigation was delayed because of a lack of cooperation from American Medical Response, according to the DA.
“American Medical Response (AMR) indicated early in the investigation that they would cooperate with the investigation but then failed to respond timely to several communications and requests from investigators,” said the District Attorney’s office.
The Boulder DA said two separate search warrants had to be issued to get records and information from AMR, and that the company delayed interviews with personnel for about half a year. AMR informed the DA in the last two weeks that the company won’t make two other personnel available for interviews.
"The allegations made today do not reflect the standards or values of AMR nor the dedication of thousands of EMTs and paramedics who do this work honorably every day," the company said in a statement issued Friday afternoon. "We understand the DA's concern about our initial response pace. We believe we were meeting all requests as they came in and remain fully committed to providing whatever additional information is needed, out of respect for the investigative process."
The District Attorney added that a Boulder Fire paramedic interview is still pending as the office engages with the paramedic’s attorneys.
“Although every individual has a constitutional right to remain silent, the lack of cooperation and unwillingness to provide interviews caused significant delays. It is worth noting that they were not being viewed as suspects, but rather, as witnesses,” reads the DA’s decision letter.
Charges against paramedics for in-custody deaths are rare, but the most high-profile example occurred recently. In 2023, paramedics Peter Cichuniec and Jeremy Cooper were found guilty of criminally negligent homicide in the death of Elijah McClain in 2019.
