A Colorado man who was on psychedelic mushrooms during a therapy session fell from the window of a fourth-story hotel room after he was left unsupervised by his counselor, a lawsuit claims.
Jacob Ramirez spent two months hospitalized with serious head and chest injuries following the May 2025 incident at the Spark by Hilton Hotel in Colorado Springs, according to a lawsuit filed Wednesday in El Paso County District Court, obtained by The Denver Post.
Ramirez had been provided with a tea containing psilocybin or “magic mushrooms,” during a therapy session at the hotel last May 16 with his licensed professional counselor, Rachel McGuire, who then left him alone in the room and drove away from the hotel, according to the complaint
A little over an hour later, Ramirez fell from the fourth-floor window and landed on the concrete below, Colorado Springs police said. A bystander gave him CPR before first responders arrived and took him to hospital.
Ramirez is suing McGuire, as well as her husband, Sheldon McGuire, and the two therapy companies they run: A Sparrow’s Way and Restoration Counseling.
Rachel McGuire and Sheldon McGuire did not return the Post’s requests for comment. The Independent has also contacted the McGuires and Hilton Hotels for comment.
According to the report, Ramirez was a patient of Sheldon McGuire, who referred him to his wife for psilocybin-assisted treatment in 2024.
Rachel McGuire gave Ramirez psilocybin in February 2025 so he “could begin microdosing at home,” and in March she upped his dosage, the report claims.
However, during a May session at the Spark by Hilton hotel, Rachel McGuire drove off, leaving Ramirez alone. It was not immediately clear why they were at the hotel, why she had to leave or where she went.
Investigators found “half a sliding window missing from the window frame” of the room Ramirez had been in, according to the lawsuit. Colorado Springs police investigated the fall, but did not recommend any criminal charges, according to the report.
Ramirez’s attorney, Jared Mazzei, told the Post that Ramirez does not remember anything about how he fell out of the window, but said there was no indication that he was trying to die by suicide.
“I think it clearly lends itself to somebody who is not used to taking these types of medications being left alone and freaking out,” Mazzei said.
Ramirez suffered blunt force trauma to his head and serious injuries to his chest and lungs that have caused his medical bills to top $2 million, Mazzei said.
The complaint seeks damages for medical and direct negligence against Rachel McGuire, as well as Sheldon McGuire, since he referred Ramirez to her.
Mazzei claimed that Rachel McGuire was not licensed to provide psilocybin-assisted therapy.
“It’s two parts. There is whether she was even licensed, which she wasn’t — and the other part is did she even, at the very least, follow the procedures that you learn when you are obtaining your license, one of them being to actually stay with the patient the entire time, for this exact reason,” Mazzei told the newspaper.
State records viewed by the Post show that Rachel McGuire is a licensed professional counselor in Colorado but is not licensed as a medical clinical facilitator, which is mandated to administer psilocybin treatment to patients in the state.
However, the state allows for personal psilocybin use and sharing between individuals.
People in Colorado are also allowed to pay others for “bona fide harm reduction services,” including facilitation of a psilocybin session, under the personal use provision, as long as payment is not made for the psilocybin, according to the report.
If you are experiencing feelings of distress, or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 (UK and ROI) or visit the Samaritans website to find details of your nearest branch.
If you are based in the USA, and you or someone you know needs mental health assistance right now, call or text 988, or visit 988lifeline.org to access online chat from the 988 Suicide and Crisis Lifeline. This is a free, confidential crisis hotline that is available to everyone 24 hours a day, seven days a week. If you are in another country, you can go to www.befrienders.org to find a helpline near you
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