Lawyer questions police officers at joint inquest

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This article was published 29/11/2023 (706 days ago), so information in it may no longer be current.

This week, after eight prior days of testimony, a different tone emerged in the small courtroom where a joint inquest into the deaths of five men is being held.

The five men died following altercations with Winnipeg police officers over a roughly 12-month period beginning in July 2018.

The fact-finding phase of the inquest has largely concluded in four of the men’s deaths. None of their family members, who each appeared in court, was represented by lawyers.

That changed when the portion to examine the death of the fifth man — 30-year-old Randy Cochrane — began Tuesday.

His family is being represented by lawyer Melissa Serbin. With Serbin questioning witnesses, it marked the first time at the inquest that testifying police officers have been under the microscope.

For instance, on Tuesday, Const. Tim Diack, twice told the court that Cochrane had a gang tattoo across his back, that spelled out the words “Indian Posse.”

During cross-examination, Serbin asked the officer what he’d make of the fact that an autopsy report shows Cochrane had a tattoo of an entirely different word: “ruthless.”

“That could be,” Diack replied, saying that he’d perceived it as an “Indian Posse” tattoo.

According to Diack and his partner, Const. Tom Argle, they first encountered Cochrane on a hot July day in 2019 when the man ran headlong into their cruiser car, seemingly concealing a weapon. Argle, who also testified Tuesday, said he chased Cochrane to a backyard.

Argle had pulled out his firearm at “low ready,” but once there, Argle said Cochrane was compliant, and when directed, readily got onto his stomach to be handcuffed.

After he was handcuffed, Cochrane said he couldn’t breathe, prompting the pair to roll him onto his side, propped against Argle’s leg, the officers said.

Argle said Cochrane was moving, but wasn’t “fighting” or kicking at him; it seemed perhaps Cochrane thought he was still running.

Argle testified that two officers with the tactical support unit arrived, and those officers put Cochrane back on his stomach, shin-pinning him. Argle said he then left to go to remove his keys from his car.

Some time after Argle returned, he noticed Cochrane’s head had stopped moving. “OK, fellas,” the then 56-year-old officer recalled saying to the younger tactical officers.

“I rolled him over (and said), ‘Oh shit, his lips are blue. He’s not breathing’” Argle testified.

On Wednesday, the two officers who shin-pinned Cochrane – Const. Eric Trottman and Const. Ian Mclarty – described the scene somewhat differently to the court. Both depicted a chaotic scene when they arrived.

Referencing his notes, Mclarty said when they arrived, Cochrane was “extremely combative” and displaying “non-compliant behaviour.” Trottman said at that time, the patrol officers were trying to gain control of the kicking, thrusting and “highly agitated” man.

Video shown in court shows Argle and Diack walking away from Cochrane to speak with the tactical officers when they arrived – leaving a handcuffed Cochrane without anyone touching him. When Serbin played the video for Trottman in court, he acknowledged the officers seemed to be away from Mr. Cochrane when he had walked up.

Trottman and Mclarty also testified they continued to shin-pin Cochrane, who was face-down, as he was being resistant and kicking. That prompted Patrol Sgt. Tyler Loewen, who was present at the incident (and also testified on Wednesday), to put a leg restraint on Cochrane.

The two tactical officers both testified that, after noticing a change in Cochrane’s behaviour, they rolled him over. Neither mentioned Argle being involved at this moment.

Cochrane’s immedate cause of death was found to be the “toxic effects of methamphetamine, cocaine and ethanol,” according to the Independent Investigation Unit of Manitoba report into his death; the IIU determined no officer caused or contributed to Cochrane’s death.

Reflecting on her role at the inquest, Serbin told reporters that all families should be represented by legal counsel at such preceedings. That is especially true for Indigenous families, she said. (Cochrane, a father of three, was from Fisher River Cree Nation, where he also lived.)

“If we’re speaking specifically about Indigenous families, their voice is very important,” she said. “They might not trust the system as much as somebody else may,” she said, pointing to the history of discriminatory legislation in Canada and negative interactions with police.

“If there is a representative for the family that they can trust in court, I think it changes the questions that are asked. I think it can change how satisfied the family is at the end of the proceedings – and whether or not they feel heard,” she said.

On Tuesday, Cochrane’s mother, Margie Cochrane, told the court about the immense loss of her son, whom she called a good son and a good father. For years after he died, Margie said, she slept on her couch, as if she was waiting for her son to finally come home.

Cochrane’s eldest daughter also spoke about his death, saying that for her, it hurts to see other people spending time with their dad, “because I don’t have that anymore.”

“You took away our father, our protector, our best friend, our hero,” she said. “My father did not deserve to die the way he did. He shouldn’t have ever died in handcuffs.”

marsha.mcleod@freepress.mb.ca