A former Detective Chief Inspector has been jailed for three years and seven months after he mowed down a pedestrian while driving an unmarked police car in Derbyshire. Michael Cooper, 55, admitted causing death by dangerous driving and causing serious injury by dangerous driving just before his trial was due to begin at Nottingham Crown Court on July 17.
The fatal collision occurred on Egginton Road, Etwall, on September 28, 2021. Cooper, who had left a leisure centre moments earlier, was driving a Peugeot 208 when he struck psychologist James Bane, 50, who died at the scene. A female pedestrian was also seriously injured in the crash.
Phone use and medical condition
According to the Independent Office for Police Conduct (IOPC), Cooper had been on a mobile phone call that ended approximately five seconds before the impact. The phone was later found in the driver's footwell. The IOPC's investigation revealed that Cooper had moved to the opposite side of the road to overtake parked vehicles, then accelerated from 20mph to 29mph over a distance of 50 metres before veering towards the nearside kerb.
The Peugeot struck a parked car before mounting the kerb and hitting the woman on the pavement. It then went back into the road where it struck Mr Bane and his vehicle, which he was standing behind. Cooper was found slumped across the front passenger seat with swelling to his head and later told police he could not remember what happened.
Further investigation revealed that Cooper had failed to inform the DVLA that he was suffering from a medical condition that caused him to black out. The IOPC stated that he had received written advice on more than one occasion to report his condition but failed to do so, both to the DVLA and to Derbyshire Constabulary.
Misuse of police vehicle
The IOPC also investigated allegations that Cooper had been making private use of the police vehicle. Evidence indicated that on up to 18 occasions between June and the end of September 2021, he had used the car for non-policing purposes, including visits to a leisure centre and a fast food restaurant. He had carried non-police passengers, which was another breach of policy, and none of the journeys were logged by him.
Cooper had also used fuel paid for by the police while receiving an essential user allowance for using his own car for work. He resigned from his role before a gross misconduct hearing in 2024, but it was found that he would have been dismissed without notice had he not resigned. He has been added to the police barred list, preventing him from future employment with the police.
Impact on family and public trust
Temporary Deputy Chief Constable Michelle Shooter, of Derbyshire Constabulary, said: "At the forefront of my mind today are the family and friends of James Bane. Mr Bane was clearly a deeply loved family member, friend and colleague and in both his personal and professional lives impacted a great many lives. His sudden death is tragedy for all those who knew him, and no sentence will adequately explain the devastation of his loss to his family and friends."
She added: "Finally, nearly five years after the incident in Etwall in September 2021, Cooper has admitted being responsible for setting in train the actions that led to Mr Bane's death. A set of actions that should simply never have occurred. He should never have been behind the wheel of the Peugeot 208 – an unmarked police vehicle which he used on repeated occasions for his own personal use. He had been on the phone just seconds before the crash, and now, in the most shocking admission, he had failed to update the DVLA, as well as the force, that he was suffering from a medical condition that caused him to black out."
IOPC response
Emily Barry, IOPC director of engagement, said: "Our sympathies remain with the family of Mr Bane and all those affected by his death. We also acknowledge the very serious injuries caused to the woman and the impact on her and her family. 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. He has now been held accountable for his actions and received a jail sentence."
She added: "At the disciplinary proceedings stemming from the misuse of the police vehicle, the panel's chair concluded that the conduct was serious, protracted and an abuse of position for personal gain. Such behaviour has the capacity to erode public confidence in policing. He would have been dismissed if still serving and has been added to the police barred list, preventing him from future employment with the police."
The case highlights the serious consequences of police misconduct and the importance of upholding public trust. Cooper, who had risen to the rank of Detective Chief Inspector, failed in his duties as both a police officer and a citizen, leading to a tragic loss of life that could have been prevented.
