B.C. man shot in head by police sues for alleged excessive force

A Vancouver Island man who was shot in the head by police during an arrest last year is suing two RCMP officers who he alleges used excessive force on him while he was in the midst of a "medical crisis."

In his lawsuit, 32-year-old Davin Cochrane says he was driving a skid-steer loader through Duncan on March 28, 2023, when police began pursuing him.

The chase ended in Evans Park where Cochrane says an RCMP officer shot him multiple times in the head and body, according to a notice of civil claim he filed in the B.C. Supreme Court last spring.

Cochrane's lawsuit alleges the as-yet unidentified officer who shot him was intoxicated at the time of the incident, lacked proper use-of-force training and had a history of problematic firearm use. It also claims a second supervisory officer who responded to the incident, who also hasn't been identified, knew or should have known that his colleague was intoxicated and that their "ability to behave professionally was impaired."

Cochrane, a father of four who says he had turned his life around after a struggle with substance use and a long criminal record, claims he had been in a car accident earlier that day and the police could see he was visibly "bandaged up."

The lawsuit claims negligence by the officers caused or contributed to the shooting, saying they confronted Cochrane in a way that made him fear for his life, failed to de-escalate the situation, and did not use other less-lethal means or warn Cochrane before shooting at him.

"The use of excessive force by [officers] was unlawful battery arising from gross negligence, or malicious and/or willful misconduct," the claim reads.

Cochrane was hospitalized in critical condition and says he sustained psychological, brain and physical injuries, and has a permanent cognitive disability as a result of the incident. His lawsuit also says he has been unable to work or care for himself independently since then.

"The plaintiff's injuries have caused him pain, suffering and loss of enjoyment of life," the claim reads.

None of the allegations have been tested in court and neither of the officers has filed a response to the lawsuit. 

B.C. RCMP spokesperson Cpl. James Grandy declined on Saturday to comment on the allegations against the two officers in the lawsuit, saying that the matter is before the courts and the incident is still under investigation by B.C.'s police oversight agency.

B.C.'s Minister of Public Safety and Solicitor General and the Attorney General of Canada are also named as defendants in the suit, which claims RCMP contracted by the province to police certain communities were not properly trained and that the two governments are also liable for the alleged wrongdoing.

They filed a joint response in May, in which they deny Cochrane's claims and say he failed to obey police instructions, resisted arrest and obstructed RCMP officers during the incident.

"The apprehension of the plaintiff as well as the means used were reasonable, lawful and executed in good faith," the response reads.

Cochrane, who declined an interview on Friday, said in messages to CBC News that he is "lucky to be alive," but still has "a hard time day-to-day." He said he had trained as a carpenter before the incident.

"I live a life like I'm 90 and had a stroke," he wrote in one message, adding his partner and family have also suffered.

Watchdog still investigating

Cochrane's allegations shed new light on what may have transpired that day, as B.C.'s police watchdog continues to investigate the incident for evidence of possible criminal offences by any officers involved.

The morning of the incident, Cochrane claims he was in a serious car accident that sent his head into the window of a vehicle and caused him to require hospitalization and knee surgery. 

He was described as "mumbling" by medical staff, and left the hospital "against medical advice" later that afternoon before he could undergo surgery, according to his claim.

Around 9 p.m. that evening, North Cowichan/Duncan RCMP were called to a residential street where a man they believed was impaired was driving a skid-steer loader, police said at the time.

Mounties said they tried to get him to stop, but that the loader and police vehicles collided.

Video circulated on social media shows a man driving a skid-steer erratically as police vehicles weave around him, seemingly trying to contain him, or, in some instances, ram him.

Cochrane's lawsuit claims he operated the skid-steer at a very low speed, under 12 kilometres per hour, avoided all pedestrians and non-RCMP vehicles, and drove "in a manner which indicated he did not intend to cause harm to persons and/or property."

His lawsuit says that at the time of the shooting, he "posed no imminent nor potential risk of death or grievous bodily harm to any other person."

The Independent Investigations Office of B.C. (IIO) said it will not share its findings while the investigation into the incident is ongoing, as doing so could "jeopardize the integrity of the investigation."

"Once the investigation is concluded, the chief civilian director will make a decision about whether or not to refer the file to the B.C. Prosecution Service for consideration of charges," an IIO spokesperson wrote in an emailed statement to CBC on Friday.

B.C.'s Minister of Public Safety and the Attorney General of Canada acknowledged the importance of not revealing information contained in the IIO's probe in their joint response to the lawsuit, saying "many facts remain unknown" to them.

Cochrane's claim says he is seeking compensation for pain and suffering, medical costs and current and future loss of earnings, as well as punitive damages from the defendants.

"I have to live with it now, just glad I'm alive for my kids," he said in a Friday message to CBC.