BURSTNo charges will be approved against the North Cowichan/Duncan Mountie involved in the shooting of a man driving a stolen skid-steer in North Cowichan three years ago, according to the BC Prosecution Services (BCPS).
David Cochrane, then 31, was shot near Evans Park the night of March 28, 2023, after police were unable to get him to stop the 3,800 kilogram (8,500-pound) piece of heavy machinery during an eight-minute, low-speed pursuit.
BCPS’s summary of evidence stated that RCMP had responded to the Somenos Road area after a 911 caller reported that a man “was wearing a hospital bracelet, was bandaged, appeared unwell, and was having difficulty operating the Bobcat.”
It was later learned Cochrane had been in a single-vehicle collision earlier in the day and had stolen the skid-steer after leaving the hospital.
The report also stated that five officers first attempted to use their lights and sirens, a loud speaker, and ultimately their vehicles to stop the skid-steer — all to no avail.
The machine was driven on residential streets, sidewalks and ultimately through two chain-link fences and into Evans Park.
The BCPS report also stated that the officer in question was the acting watch commander, who was on foot after the machine had rendered his police vehicle inoperable.
The officer fired five shots into the skid-steer’s cab after Cochrane spun the machine around, began driving at the officer with the bucket raised and fencing material hanging from it.
The report noted that given Cochrane had consistently attempted to evade police, it was reasonable that the officer was not likely to have anticipated that Cochrane would suddenly change direction and move toward him.
Cochrane was shot twice in the head, and was taken to hospital with a bullet fragment in his left lower lung, an open fracture of his left patella, and a laceration to his right knee. He spent five months in a Victoria hospital but survived with life-altering injuries.
The Independent Investigations Office (IIO) conducted an investigation, which determined that there were reasonable grounds to believe the officer may have committed offences and submitted a report to the BCPS.
The BCPS considered charges of criminal negligence causing bodily harm, aggravated assault and assault with a weapon, but did not lay any charges.
“In this case, the BCPS has concluded that the available evidence does not meet the BCPS’s charge assessment standard,” said the decision. “There is no substantial likelihood of conviction for any criminal offence in relation to the incident. As a result, no charges have been approved.”