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