Former Detective Chief Inspector Michael Cooper, 55, of Derbyshire Constabulary, was jailed for three years and seven months at Nottingham Crown Court for causing the death of 50-year-old James Bane in a crash on September 28, 2021. Cooper was driving an unmarked police car without a seatbelt and had a history of blackouts, which he failed to disclose to the DVLA or his employer.
Crash details
The collision occurred on Egginton Road, Etwall, Derbyshire, around 11:30 am. Cooper had parked the unmarked police car at Etwall Leisure Centre and, after leaving, drove off without a seatbelt. Seconds earlier, his Apple iPhone or Apple Watch made a call to his girlfriend, which ended about five seconds before the crash. Witnesses reported seeing Cooper looking straight ahead and not holding a phone, but driving in a manner suggesting impatience.
Prosecutor Samuel Skinner said Cooper's car moved to the left side of the road, accelerated almost fully, and struck two parked cars belonging to Mr. Bane and a second pedestrian. The second pedestrian was hit first at around 28 mph, and Mr. Bane was crushed between the parked cars. Despite efforts from bystanders and medics, Mr. Bane died from his injuries.
History of blackouts
The court heard that Cooper had experienced unexplained blackouts since 2003, with episodes in 2003, 2009, and 2012. In 2009, a neurologist advised him to stop driving and inform the DVLA, but he failed to do so. He also did not tell his employer or insurance company. Cooper claimed he blacked out at the wheel, stating, "I felt absolutely fine when I got behind the wheel. All that I can say about the subsequent events, is that I believe I blacked out behind the wheel."
Victim impact
Mr. Bane's widow, Katherine, said in a victim impact statement: "When James was killed everything I knew was ripped away and every part of my life came to an end. For nearly five years I have had to put my grief in a parcel and I have had to fight every day to keep going and keep plates spinning so my children's lives can continue as normally as possible." She added that Cooper had shown no contrition and refused to allow access to records, prolonging the process.
Mr. Bane's daughter Anna described his death as "losing the heartbeat of our family," while his son Jacob called him "immeasurably kind, wise and loving."
Sentencing and misconduct
Sentencing Cooper, Mr. Justice Sweeting KC said: "The death of Mr. Bane was a wholly avoidable tragedy. He was a much loved husband, father, family friend and colleague who devoted his professional life to helping children." The judge noted that Cooper chose to drive despite knowing the risk of blackouts.
In an accelerated misconduct hearing in August 2024, the Chief Constable of Lincolnshire Police found that Cooper had treated the unmarked police car as his own personal vehicle, used it without authorization, carried unauthorized passengers, and claimed expenses for fuel while receiving an allowance for his own car. The panel concluded he would have been dismissed if still serving and placed him on the police barred list.
Cooper pleaded guilty on July 6, 2024, to causing death by dangerous driving and causing serious injury by dangerous driving. His defense barrister, Adrian Keeling KC, said Cooper had written a letter expressing sorrow and that he cares for his son with OCD and his mother with Alzheimer's. The judge disqualified Cooper from driving for five years.
IOPC Director of Engagement Emily Barry said: "Our sympathies remain with the family of Mr. Bane and all those affected by his death. There is evidence to suggest ex-DCI Cooper made a conscious decision to drive, despite his condition, and also failed to inform the DVLA of his previous black outs despite written advice to do so on more than one occasion."
