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

A man from Vancouver Island who was shot in the head by police during an arrest last year is filing a lawsuit against two RCMP officers, claiming they used excessive force while he was experiencing a "medical crisis."

In the lawsuit, 32-year-old Davin Cochrane recounts that he was operating a skid-steer loader in Duncan on March 28, 2023, when police began pursuing him.

The pursuit ended in Evans Park, where Cochrane alleges that an RCMP officer shot him multiple times in the head and body, as stated in a notice of civil claim he filed in the B.C. Supreme Court last spring.

Cochrane's lawsuit asserts that the unidentified officer who shot him was intoxicated at the time of the incident, lacked adequate use-of-force training, and had a history of problematic firearm usage. It also alleges that a second unidentified supervisory officer who responded to the scene knew or should have known that his colleague was intoxicated, impairing their ability to act professionally.

Cochrane, a father of four who claims to have turned his life around after battling substance use and having a long criminal record, states that he was involved in a car accident earlier that day, and the police could see that he was visibly "bandaged up." The lawsuit alleges that the officers acted negligently, contributing to the shooting. It contends that they confronted Cochrane in a manner that instilled fear for his life, failed to de-escalate the situation, and did not employ less-lethal alternatives or provide a warning 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 states.

Cochrane was hospitalized in critical condition and claims to have suffered psychological, brain, and physical injuries, resulting in a permanent cognitive disability due to the incident. His lawsuit further indicates that he has been unable to work or care for himself independently since the event.

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

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

B.C. RCMP spokesperson Cpl. James Grandy declined to comment on the allegations against the two officers, stating that the matter is currently before the courts and the incident is still being investigated by B.C.'s police oversight agency.

The lawsuit also names B.C.'s Minister of Public Safety and Solicitor General and the Attorney General of Canada as defendants. It claims that RCMP officers contracted by the province to police certain communities were inadequately trained and that both governments are liable for the alleged misconduct.

In May, they filed a joint response denying Cochrane's claims, asserting that he failed to follow 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 states.

Cochrane, who declined to be interviewed on Friday, told CBC News in messages that he feels "lucky to be alive," but struggles "day-to-day." He mentioned that 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 that his partner and family have also been affected.