A man shot by police after driving a skid-steer loader in Duncan last year is suing the RCMP for what he alleges was “excessive, unjustifiable force” that left him with bullet fragments in his body and brain.
Davin Cochrane was shot by police on March 28, 2023, after a chase that ended in Evans Park.
In a civil suit filed March 21, Cochrane alleges the officer who shot him was intoxicated, lacked necessary use-of-force training and had a history of problematic firearm use.
He claims the officers confronted him in a way that caused him to fear for his life and pursued him with “unnecessary, unreasonable zeal.”
Cochrane says he was in a car crash on the morning of the shooting and he hit his head on the windshield with enough force to fracture the glass.
He was taken to hospital, where staff observed he did not know the day and he was mumbling. Around 3 p.m., he was allowed to leave the hospital on crutches against medical advice.
Six hours later, North Cowichan-Duncan RCMP received a report of a “bandaged-up” man “who doesn’t look well” driving a skid-steer loader, Cochrane’s claim says.
He alleges he was pursued by at least four RCMP vehicles, some of which were placed in the path of the John Deere loader, which had a top speed of 12.6 kilometres per hour.
Cochrane was at all times driving below the speed limit and was highly visible to pedestrians and others on the road, the claim says.
As Cochrane drove the loader down a driveway in an empty Evans Park and toward a parking lot, officers pursued him and one sped ahead of him.
Shortly after Cochrane arrived at the parking lot, an officer shot at him multiple times, hitting him in the body and at least once in the head.
Cochrane claims the officers knew or should have known he was in a state of medical crisis and he was driving in a manner that indicated he did not intend to cause harm, the loader’s top speed was “extremely limited,” and it posed little risk to pedestrians in the park.
Cochrane says he could have been apprehended by other means and at no time did he pose an imminent risk to anyone.
The shooting caused him permanent disability and has diminished his earning capacity, he says.
Two unnamed officers are listed as defendants, as well as the attorney general of Canada and B.C.’s minister of public safety and solicitor general, which jointly responded to the claim, saying they “deny each and every allegation.”
They argue the officers’ actions were not negligent and say many facts remain unknown to them.
The means for apprehending Cochrane were “reasonable, lawful and executed in good faith,” the response says.
The province’s police watchdog continues to investigate the shooting.
>>> To comment on this article, write a letter to the editor: [email protected]
