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)

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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Sara Guenther, 102-years-old is the first resident in Vanderhoof to have received the COVID-19 vaccine. (Northern Health photo)
Vanderhoof receives first shipment of COVID-19 vaccine

Long-term care residents at the Stuart Nechako Manor along with staff were vaccinated Friday.

The COVID-19 outbreak at the two Coastal GasLink workforce lodges has officially been declared over. (Lakes District News file photo)
COVID-19 outbreak at Coastal GasLink worksites declared over

In total, 56 cases were associated with the outbreak in the Burns Lake and Nechako LHAs

Brett Alexander Jones is wanted on several warrants province-wide, in connection with multiple charges. Jan. 21, 2021. Kitimat RCMP photo
Kitimat RCMP searching for man wanted on several warrants province-wide

Jones is described as a five-foot 10-inches Caucasian man, with blond hair and blue eyes.

Administering naloxone to a person experiencing a benzo-related overdose event won’t help. Naloxone is used to neutralize opioids. (Jenna Hauck/The Progress file photo)
Northern Health warning drug users of potential benzo contamination

The drug does not respond to naloxone, and is being included in street drugs

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Police in Vancouver looking for male suspect who allegedly spat and attacked a store manager for not wearing a mask, at 7-Eleven near Alma Street and West 10th Avenue just before noon on Dec. 17, 2020. (Vancouver police handout)
VIDEO: Man spits on 7-Eleven manager over mask rule, sparking Vancouver police probe

‘Unfortunately, the store manager sustained a cut to his head during the assault’

The Vancouver-based SAR team successfully rescued two lost snowshoers off of the west side of Tim Jones Peak in the early morning of Monday, Jan. 19. (North Shore Rescue photo)
B.C.’s busiest SAR team raises alarm after 2021 begins with fatality, multiple rescues

‘People beyond ski resort areas of Seymour, Grouse, and Cypress go without cell reception,’ SAR warns

Police are searching for an alleged sex offender, Nicole Edwards, who they say has not returned to her Vancouver halfway house. (Police handout)
Police hunt for woman charged in ‘horrific’ assault who failed to return to Surrey halfway house

Call 911 immediately if you see alleged sex offender Nicole Edwards, police say

Most Read