Ex-Derbyshire detective jailed over fatal collision

A former Derbyshire Constabulary detective was today (Friday 17 July) jailed for causing the death of a man by dangerous driving and seriously injuring a woman by dangerous driving, following an investigation by the Independent Office for Police Conduct (IOPC).

Ex-Detective Chief Inspector (DCI) Michael Cooper appeared at Nottingham Crown Court on 6 July when he admitted causing the death by dangerous driving of 50-year-old James Bane, who was on foot when he was struck by an unmarked police car driven by the officer in Egginton Road, Etwall, Derbyshire, on 28 September 2021. He also admitted a charge in relation to the serious injuries suffered by another pedestrian, a woman, who was struck by the police Peugeot he was driving.

The former DCI, aged 55, changed his pleas to guilty after previously denying the charges. Sentencing was adjourned until today when he was jailed for three years and seven months in relation to Mr Bane’s death and given a concurrent two-year term for causing the injuries the woman suffered. He was also disqualified for driving for five years.

Ex-DCI Cooper maintained that he had suffered a black out moments before the collision. The court heard that he accepted that it was dangerous for him to drive in the context of his medical history of prior blackouts. 

The IOPC investigation, which began following a Death or Serious Injury referral from Derbyshire Constabulary, established that he had not notified the Driver and Vehicle Licensing Agency (DVLA) of his condition, despite having been previously advised to do so by medical professionals.

Evidence we gathered showed that the detective had left a leisure centre just before the collision. He had been on a mobile phone call, while driving, which ended approximately five seconds before the impact. The phone was found in the driver’s footwell.

Prior to the collision, he moved to the opposite side of the road to overtake parked vehicles and 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 a woman on the pavement. It then went back into the road where it struck Mr Bane and his vehicle, which he was standing behind. Mr Bane sadly died at the scene. 

The detective was found slumped across the front passenger seat with swelling to his head. When interviewed he said he was unable to remember what happened. 

Ex-DCI Cooper’s gym gear was found in the boot of the car, which led to the IOPC separately investigating allegations that the officer 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.

He had also used fuel paid for by the police, while at the same time receiving an essential user allowance for using his own car for work.

The officer resigned shortly before an accelerated misconduct hearing, organised by Derbyshire Constabulary in August 2024, ruled that his personal use of the police car amounted to gross misconduct and that he would have been dismissed if still serving with the force. Ex-DCI Cooper admitted breaching the standards of professional behaviour for honesty and integrity, discreditable conduct, and orders and instructions. 

The disciplinary proceedings could not be reported until now to prevent potentially prejudicing the criminal case.

IOPC Director of Engagement Emily Barry 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.”

During the IOPC’s investigations we interviewed ex-DCI Cooper, studied his work phone records and gathered statements from other police witnesses. We reviewed images obtained through automatic number plate recognition technology and police policies including those in relation to vehicle use, travel and expenses.

In May 2023, at the end of our investigation into the collision a file of evidence was sent to the Crown Prosecution Service, following which there was significant partnership working to help build the case, resulting in charges being authorised against the officer and the subsequent guilty pleas.