Jennifer Brooks outside Surrey Provincial Court at the start of the preliminary inquiry into her son Hudson’s July 2015 police-involved shooting death. (File photo)

Charges dropped against Mountie involved in shooting death of Surrey man

‘I feel like I’ve lost Hudson all over again,’ says mom

Charges against the officer who shot and killed South Surrey’s 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’s mom, Jennifer Brooks, told Peace Arch News the decision – shared with her only shortly before – “makes me sick.”

“She gets away with nothing. She just walks away,” Brooks said through tears.

“I just feel like I’ve lost Hudson all over again.”

READ MORE: Few answers after South Surrey man shot dead by police

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’s news release, BCPS officials say the “issues that arose” during that hearing led to further investigation and the determination “that the available evidence no longer satisfies the charge assessment standard for the continued prosecution of Cst. Cucheran for any criminal offence.”

The stay of proceedings was “based on a careful review of new material received and consideration of an additional expert report,” as well as consultation with several use-of-force experts, the release states.

In a nine-page ‘Clear Statement’ issued with the news release – “in order to maintain confidence in the integrity of the criminal justice system” – the BCPS further details reasoning for the stay of proceedings, including that evidence that emerged in the preliminary inquiry “revealed significant shortcomings in the case against Cst. Cucheran.”

Crown’s initial theory had been that Cucheran was “not entitled to resort to lethal force as soon as she did” 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 “Kill me!” “They’re going to kill me!” and “Sorry mom!”

He attacked an officer’s SUV, hammering at the driver’s door and window with his arms, hands, elbows, knees, shoulder and head, causing the officer to believe “he would be ‘severely injured, if not worse…’” if Brooks got in, the statement continues.

Cucheran was among officers who responded, eventually firing her gun 12 times at a “charging,” aggressive Brooks; nine of the bullets hit.

“While Const. Cucheran may have had a subjective belief that lethal force was necessary, on the available evidence this belief was not objectively reasonable,” the statement says.

Evidence brought out during cross-examination at the preliminary hearing, however, – including an expert’s opinion that Brooks was likely suffering from ‘excited delirium’ at the time – “provided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.”

Excited delirium refers to “a state of extreme mental and physiological excitement, characterized by extreme agitation, hyperthermia, hostility, exceptional strength and endurance without apparent fatigue,” the statement explains.

Critical changes in the evidence included that it now “provided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.”

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

Stay of Proceedings Directed in Prosecution of Surrey RCMP Officer by PAN editor on Scribd

Just Posted

School district launches survey for George Jay Elementary name change

The Greater Victoria School District wants to take public cues before decisions are made

Greater Victoria developer rushes to demolish historic wall before Oak Bay applies heritage permit

Abstract Development punches holes in one of Oak Bay’s oldest stone walls

$775-million wastewater project on track to be completed on time, within new budget

Esquimalt Mayor Barb Desjardins praises public education aspect of project

With $4M investment, Camosun College offers first sonography program on Vancouver Island

Starting in May 2020 students from Vancouver Island can pursue a career in sonography

New accessible playground opens at View Royal’s Eagle View Elementary School

Students overjoyed while faculty and parents feel relief

Scheer, Trudeau, Singh haggle over potential minority government outcome

If you believe the polls, it appears the Liberals and Conservatives are neck-and-neck

POLL: Do you think the day of the federal election should be a statutory holiday?

Increasing voter turnout has long been a goal of officials across the… Continue reading

Canucks beat Stanley Cup champs 4-3 in a shootout

Leivo nets winner, Vancouver dumps St. Louis for fourth straight win

Campbell River homicide suspects arrested in Vancouver

Two men remain in custody, but have not been charged

‘The more you test, the more you find’: Beef recalls a sign of success, experts say

Despite appearances, experts say a recent rise in major recalls is not a sign of food supply problems

Elizabeth May confirms plan to eliminate fish farming in open ocean pens

Green Party leader stops in Qualicum Beach as part of Island campaign

STRIKE: WFP and USW are back at the table for mediation

“No further updates until either an agreement is reached or one party or the other breaks off talks”

Green Party leader Elizabeth May rolls through Vancouver Island to boost a party stronghold

Mocks media, evokes Martin Luther King, Nelson Mandela and promises change

Japanese buyer expands wood pellet contract with B.C.’s Pinnacle

Mitsui and Co. increases contract with Interior energy producer

Most Read