A Ladysmith man is suing the officers that shot him during a bizarre incident involving a skid steer he allegedly stole and drove recklessly around a North Cowichan neighbourhood in 2023.
Court records dated March 21, 2024 show Davin Cochrane has filed a civil claim in the Supreme Court of British Columbia against the individual Mounties, the Attorney General of Canada, who is liable for the wrongdoing of RCMP members, and the Minister of Public Safety and Solicitor General who oversee RCMP operations in B.C.
Cochrane claims that when he was shot by RCMP on Tuesday, March 28, 2023, North Cowichan/Duncan RCMP officers "applied excessive, unjustifiable force...leaving him with numerous bullet fragments in his body and brain," after being shot twice in the head and once in the body.
Cochrane claims to have suffered psychological, brain, musculosketal, and future injuries as well as injury to his dignity.
On the morning of March 28, before he was shot, Cochrane had been in a car incident near Chemainus and was taken to hospital with a broken kneecap, a suspected head injury and significant cuts on his knees and scalp. He was permitted by hospital staff to leave against medical advice later that afternoon.
Later that night Cochrane was found to be driving a skid-steer with a top speed of 12.6 km/h in a residential neighbourhood and the police attended, where a chase ended at Evans Park. Video of parts of the incident circulated on social media.
Cochrane's claim attests that he "avoided all pedestrians, avoided all non-RCMP vehicles, and caused no considerable residential or municipal property damage."
Cochrane's claim attests that officers "knew or ought to have known" he was in a state of medical crisis, the skid-steer wasn't a high-speed vehicle, and he was no threat to the public.
"At no material time did RCMP officers have reasonable grounds to believe that the offence the Plaintiff had committed, was committing or was about to commit was serious enough to justify immediate apprehension efforts which put the Plaintiff and members of the public at risk" and "at the time of the shooting the Plaintiff posed no imminent nor potential risk of death or grievous bodily harm to any person."
Cochrane claims that not only were his rights under the Canadian Charter of Rights and Freedoms violated and require compensation, he is seeking special damages, general damages including pain and suffering, loss of earning capacity, future cost of care and more, punitive damages and more.
A response to his claim filed by the defendants on May 30, 2024, said the defendants oppose the granting of all the relief sought.
"The Crown Defendants state that the apprehension of the Plaintiff as well as the means used were reasonable, lawful and executed in good faith," said the response. "The Crown Defendants specifically deny that the conduct as alleged in this action, or at all, of any RCMP member, or anyone for whom the Crown Defendants may be liable, warrants an award of aggravated or punitive damages."
According to the B.C. Court Registry, no court dates have been scheduled.
