Charges against the officer who shot and killed South Surrey香蕉视频直播檚 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香蕉视频直播檚 mom, Jennifer Brooks, told Peace Arch News the decision 香蕉视频直播� shared with her only shortly before 香蕉视频直播� 香蕉视频直播渕akes me sick.香蕉视频直播�
香蕉视频直播淪he gets away with nothing. She just walks away,香蕉视频直播� Brooks said through tears.
香蕉视频直播淚 just feel like I香蕉视频直播檝e lost Hudson all over again.香蕉视频直播�
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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香蕉视频直播檚 news release, BCPS officials say the 香蕉视频直播渋ssues that arose香蕉视频直播� during that hearing led to further investigation and the determination 香蕉视频直播渢hat the available evidence no longer satisfies the charge assessment standard for the continued prosecution of Cst. Cucheran for any criminal offence.香蕉视频直播�
The stay of proceedings was 香蕉视频直播渂ased on a careful review of new material received and consideration of an additional expert report,香蕉视频直播� as well as consultation with several use-of-force experts, the release states.
In a nine-page 香蕉视频直播楥lear Statement香蕉视频直播� issued with the news release 香蕉视频直播� 香蕉视频直播渋n order to maintain confidence in the integrity of the criminal justice system香蕉视频直播� 香蕉视频直播� the BCPS further details reasoning for the stay of proceedings, including that evidence that emerged in the preliminary inquiry 香蕉视频直播渞evealed significant shortcomings in the case against Cst. Cucheran.香蕉视频直播�
Crown香蕉视频直播檚 initial theory had been that Cucheran was 香蕉视频直播渘ot entitled to resort to lethal force as soon as she did香蕉视频直播� 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 香蕉视频直播淜ill me!香蕉视频直播� 香蕉视频直播淭hey香蕉视频直播檙e going to kill me!香蕉视频直播� and 香蕉视频直播淪orry mom!香蕉视频直播�
He attacked an officer香蕉视频直播檚 SUV, hammering at the driver香蕉视频直播檚 door and window with his arms, hands, elbows, knees, shoulder and head, causing the officer to believe 香蕉视频直播渉e would be 香蕉视频直播榮everely injured, if not worse香蕉视频直播ο憬妒悠抵辈香蕉视频直播� if Brooks got in, the statement continues.
Cucheran was among officers who responded, eventually firing her gun 12 times at a 香蕉视频直播渃harging,香蕉视频直播� aggressive Brooks; nine of the bullets hit.
香蕉视频直播淲hile Const. Cucheran may have had a subjective belief that lethal force was necessary, on the available evidence this belief was not objectively reasonable,香蕉视频直播� the statement says.
Evidence brought out during cross-examination at the preliminary hearing, however, 香蕉视频直播� including an expert香蕉视频直播檚 opinion that Brooks was likely suffering from 香蕉视频直播榚xcited delirium香蕉视频直播� at the time 香蕉视频直播� 香蕉视频直播減rovided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.香蕉视频直播�
Excited delirium refers to 香蕉视频直播渁 state of extreme mental and physiological excitement, characterized by extreme agitation, hyperthermia, hostility, exceptional strength and endurance without apparent fatigue,香蕉视频直播� the statement explains.
Critical changes in the evidence included that it now 香蕉视频直播減rovided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.香蕉视频直播�
香蕉视频直播淭he Crown is now of the view that the evidence strongly establishes that (Cucheran香蕉视频直播檚) resort to her firearm was entirely reasonable in the circumstances.香蕉视频直播�
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