Charges stayed against B.C. RCMP of­fi­cer

The Prince George Citizen - - News -

VICTORIA — Charges of ag­gra­vated as­sault and as­sault with a weapon have been stayed against an RCMP of­fi­cer who shot a man nine times dur­ing a con­fronta­tion in Sur­rey.

Doc­u­ments re­leased by British Columbia’s pros­e­cu­tion service say while ev­i­dence shows Const. El­iz­a­beth Cucheran fired the shots at 20-year-old Hud­son Brooks, the law is clear that even the mis­taken be­lief in the need to use lethal force is a com­plete de­fence.

The service says Brooks had con­sumed sig­nif­i­cant quan­ti­ties of al­co­hol and co­caine when he was in the parkade at the Sur­rey RCMP de­tach­ment on July 18, 2015. It says Brooks was shoe­less and wear­ing only boxer shorts, and screamed “Kill you! Kill me! Kill you!” as he used his fists, knees and shoul­der to ham­mer at the driver’s door and win­dows of an of­fi­cer’s SUV.

The pros­e­cu­tion service says when other of­fi­cers con­fronted Brooks, he charged Cucheran, who stepped back­wards while fir­ing at him un­til she tripped and Brooks fell at her feet then crawled on top of her.

It says Cucheran fired her weapon 12 times, hit­ting Brooks nine times and shot her­self in the leg while she was on her back. Ini­tially, the Crown con­cluded the shots weren’t legally jus­ti­fi­able.

“While there was no doubt she was en­ti­tled to use some de­gree of force to de­fend her­self as Mr. Brooks ap­proached, the Crown was sat­is­fied she was not en­ti­tled to re­sort to lethal force as soon as she did,” the pros­e­cu­tion service says in a state­ment.

But it said the ev­i­dence brought out at a pre­lim­i­nary in­quiry sig­nif­i­cantly weak­ened the foun­da­tion of the Crown the­ory that a Taser pro­vided a rea­son­able force op­tion for the of­fi­cer to use.

It said tes­ti­mony at the pre­lim­i­nary in­quiry from ex­perts meant the Crown was un­able to prove that Cucheran’s fail­ure to use the Taser when Brooks ini­tially at­tacked her re­sulted from “any blame­wor­thy con­duct” on her part.

“The Crown is now of the view that the ev­i­dence strongly es­tab­lishes that re­sort to her firearm was en­tirely rea­son­able in the cir­cum­stances.”

Newspapers in English

Newspapers from Canada

© PressReader. All rights reserved.