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

CCRD attends annual UBCM conference

Ocean Falls, health care, and transportation all brought forth

Terrace Search and Rescue headquarters gets $100K boost from Prince Rupert Port Authority

Investment to help grow regional response capacity in Northwest B.C.

Northern Sea Wolf Wednesday sailing delayed

Adverse weather will lead to a late night arrival for passengers

Molly Wickham endorses Skeena-Bulkley Valley Green candidate Mike Sawyer

In July, Wickham filed a lawsuit against CGL over the destruction of the Gidimt’en checkpoint camp

ELECTION 2019: Climates strikes push environment to top of mind for federal leaders

Black Press Media presents a three-part series on three big election issues

Potent power play paces Canucks to 5-1 win over Detroit

Miller nets a pair as Vancouver wins third straight

UPDATE: British couple vacationing in Vancouver detained in U.S. after crossing border

CBP claims individuals were denied travel authorization, crossing was deliberate

After losing two baby boys, B.C. parents hope to cut through the taboo of infant death

Oct. 15 is Pregnancy and Infant Loss Awareness Day in B.C.

Cheating husband sues mistress for gifted ring after wife learns about affair

The husband gave his mistress $1,000 to buy herself a ring in December 2017

B.C. massage therapist reprimanded, fined for exposing patients’ breasts

Registered massage therapist admits professional misconduct

B.C. boosts legal aid funding in new payment contract

‘Duty counsel’ service restored in some communities, David Eby says

Rugby Canada helps recovery efforts in Japan after typhoon cancels final match

Canadian players wanted to “give back in whatever small way they could”

Alberta to join B.C.’s class-action lawsuit against opioid manufacturers, distributors

B.C. government claims opioids were falsely marketed as less addictive than other pain meds

Most Read