Charges against the officer who shot and killed South Surrey91裸聊视频檚 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.
Hudson91裸聊视频檚 mom, Jennifer Brooks, told Peace Arch News the decision 91裸聊视频� shared with her only shortly before 91裸聊视频� 91裸聊视频渕akes me sick.91裸聊视频�
91裸聊视频淪he gets away with nothing. She just walks away,91裸聊视频� Brooks said through tears.
91裸聊视频淚 just feel like I91裸聊视频檝e lost Hudson all over again.91裸聊视频�
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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 today91裸聊视频檚 news release, BCPS officials say the 91裸聊视频渋ssues that arose91裸聊视频� during that hearing led to further investigation and the determination 91裸聊视频渢hat the available evidence no longer satisfies the charge assessment standard for the continued prosecution of Cst. Cucheran for any criminal offence.91裸聊视频�
The stay of proceedings was 91裸聊视频渂ased on a careful review of new material received and consideration of an additional expert report,91裸聊视频� as well as consultation with several use-of-force experts, the release states.
In a nine-page 91裸聊视频楥lear Statement91裸聊视频� issued with the news release 91裸聊视频� 91裸聊视频渋n order to maintain confidence in the integrity of the criminal justice system91裸聊视频� 91裸聊视频� the BCPS further details reasoning for the stay of proceedings, including that evidence that emerged in the preliminary inquiry 91裸聊视频渞evealed significant shortcomings in the case against Cst. Cucheran.91裸聊视频�
Crown91裸聊视频檚 initial theory had been that Cucheran was 91裸聊视频渘ot entitled to resort to lethal force as soon as she did91裸聊视频� 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 91裸聊视频淜ill me!91裸聊视频� 91裸聊视频淭hey91裸聊视频檙e going to kill me!91裸聊视频� and 91裸聊视频淪orry mom!91裸聊视频�
He attacked an officer91裸聊视频檚 SUV, hammering at the driver91裸聊视频檚 door and window with his arms, hands, elbows, knees, shoulder and head, causing the officer to believe 91裸聊视频渉e would be 91裸聊视频榮everely injured, if not worse91裸聊视频�91裸聊视频�91裸聊视频� if Brooks got in, the statement continues.
Cucheran was among officers who responded, eventually firing her gun 12 times at a 91裸聊视频渃harging,91裸聊视频� aggressive Brooks; nine of the bullets hit.
91裸聊视频淲hile Const. Cucheran may have had a subjective belief that lethal force was necessary, on the available evidence this belief was not objectively reasonable,91裸聊视频� the statement says.
Evidence brought out during cross-examination at the preliminary hearing, however, 91裸聊视频� including an expert91裸聊视频檚 opinion that Brooks was likely suffering from 91裸聊视频榚xcited delirium91裸聊视频� at the time 91裸聊视频� 91裸聊视频減rovided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.91裸聊视频�
Excited delirium refers to 91裸聊视频渁 state of extreme mental and physiological excitement, characterized by extreme agitation, hyperthermia, hostility, exceptional strength and endurance without apparent fatigue,91裸聊视频� the statement explains.
Critical changes in the evidence included that it now 91裸聊视频減rovided significant context and objective support for a conclusion that Mr. Brooks posed an imminent risk of grievous bodily harm or death.91裸聊视频�
91裸聊视频淭he Crown is now of the view that the evidence strongly establishes that (Cucheran91裸聊视频檚) resort to her firearm was entirely reasonable in the circumstances.91裸聊视频�
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