Charges against the officer who shot and killed South Surrey乌鸦传媒檚 Hudson Brooks four years ago have been dropped.
B.C. Prosecution Service announced Wednesday that a stay of proceedings against Const. Elizabeth Cucheran has been entered on charges of aggravated assault and assault with a weapon.
Hudson乌鸦传媒檚 mom, Jennifer Brooks, told Peace Arch News the decision 乌鸦传媒� shared with her only shortly before 乌鸦传媒� 乌鸦传媒渕akes me sick.乌鸦传媒�
乌鸦传媒淪he gets away with nothing. She just walks away,乌鸦传媒� Brooks said through tears.
乌鸦传媒淚 just feel like I乌鸦传媒檝e lost Hudson all over again.乌鸦传媒�
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Twenty-year-old Hudson Brooks died July 18, 2015, after what police initially described as a physical struggle outside of the South Surrey RCMP detachment, located in the 1800-block of 152 Street. The altercation also resulted in Cucheran being transported to hospital with a non-life-threatening gunshot wound.
It was later confirmed that only police-issued firearms were found at the scene.
In the years that followed, Jennifer Brooks learned that her son had been shirtless and unarmed at the time he was shot, and that he was shot at close range.
Charges against Cucheran were announced in December 2017, and she was ordered to stand trial following a preliminary inquiry that wrapped up in Surrey Provincial Court last December.
In today乌鸦传媒檚 news release, BCPS officials say the 乌鸦传媒渋ssues that arose乌鸦传媒� during that hearing led to further investigation and the determination 乌鸦传媒渢hat the available evidence no longer satisfies the charge assessment standard for the continued prosecution of Cst. Cucheran for any criminal offence.乌鸦传媒�
The stay of proceedings was 乌鸦传媒渂ased on a careful review of new material received and consideration of an additional expert report,乌鸦传媒� as well as consultation with several use-of-force experts, the release states.
In a nine-page 乌鸦传媒楥lear Statement乌鸦传媒� issued with the news release 乌鸦传媒� 乌鸦传媒渋n order to maintain confidence in the integrity of the criminal justice system乌鸦传媒� 乌鸦传媒� the BCPS further details reasoning for the stay of proceedings, including that evidence that emerged in the preliminary inquiry 乌鸦传媒渞evealed significant shortcomings in the case against Cst. Cucheran.乌鸦传媒�
Crown乌鸦传媒檚 initial theory had been that Cucheran was 乌鸦传媒渘ot entitled to resort to lethal force as soon as she did乌鸦传媒� during the altercation with Brooks and that she would have had time to use her Taser instead.
A summary of evidence that led to the initial charges details that Brooks was behaving erratically in the early hours of July 18, 2015, after consuming significant quantities of alcohol and cocaine; wandering the streets shoeless and wearing only boxer shorts, vandalizing vehicles and saying loudly 乌鸦传媒淜ill me!乌鸦传媒� 乌鸦传媒淭hey乌鸦传媒檙e going to kill me!乌鸦传媒� and 乌鸦传媒淪orry mom!乌鸦传媒�
He attacked an officer乌鸦传媒檚 SUV, hammering at the driver乌鸦传媒檚 door and window with his arms, hands, elbows, knees, shoulder and head, causing the officer to believe 乌鸦传媒渉e would be 乌鸦传媒榮everely injured, if not worse乌鸦传媒ξ谘淮綑乌鸦传媒� if Brooks got in, the statement continues.
Cucheran was among officers who responded, eventually firing her gun 12 times at a 乌鸦传媒渃harging,乌鸦传媒� aggressive Brooks; nine of the bullets hit.
乌鸦传媒淲hile Const. Cucheran may have had a subjective belief that lethal force was necessary, on the available evidence this belief was not objectively reasonable,乌鸦传媒� the statement says.
Evidence brought out during cross-examination at the preliminary hearing, however, 乌鸦传媒� including an expert乌鸦传媒檚 opinion that Brooks was likely suffering from 乌鸦传媒榚xcited delirium乌鸦传媒� at the time 乌鸦传媒� 乌鸦传媒減rovided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.乌鸦传媒�
Excited delirium refers to 乌鸦传媒渁 state of extreme mental and physiological excitement, characterized by extreme agitation, hyperthermia, hostility, exceptional strength and endurance without apparent fatigue,乌鸦传媒� the statement explains.
Critical changes in the evidence included that it now 乌鸦传媒減rovided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.乌鸦传媒�
乌鸦传媒淭he Crown is now of the view that the evidence strongly establishes that (Cucheran乌鸦传媒檚) resort to her firearm was entirely reasonable in the circumstances.乌鸦传媒�
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