Terry Driver

The Attack of October 1995

On the evening of October 13, 1995, 16-year-olds Misty Cockerill and Tanya Smith were walking to a party in Abbotsford, British Columbia. A man, later identified as Terry Driver, suddenly broke through a hedge wielding a baseball bat and ordered the terrified girls into nearby bushes. After forcing them into a clearing, Driver commanded both to remove their clothes. While Smith complied, Cockerill attempted to fight back, grabbing the bat and striking Driver across the back as he prepared to sexually assault Smith. Driver eventually overpowered Cockerill and beat her into unconsciousness with blows to the head, causing severe skull fractures, a compound fracture, brain swelling, and a broken arm. Cockerill regained consciousness roughly four hours later in a parking lot and managed to walk to the nearby MSA emergency hospital, where she was rushed into life-saving surgery. Medical professionals stated that had her injuries been left untreated for much longer, she would have died. Tanya Smith's badly beaten body was discovered later that morning in the Vedder River. An autopsy concluded that while the beating injuries were so severe she had no chance of surviving, the immediate cause of death was drowning, and she had also been sexually assaulted by her attacker.

Post-Crime Taunting and Investigation

Following the attack, Terry Driver engaged in a prolonged campaign to taunt police and insert himself into the investigation, behaviour that would earn him the nickname the Abbotsford Killer. He made a series of anonymous telephone calls to police and emergency services, identifying himself as the killer, threatening to commit more crimes, and even stating he was hunting another victim. In these calls, Driver referred to specific details of the sexual assault on Tanya Smith that were not publicly known, confirming his involvement to investigators. Driver, whose father had been a police officer, had an obsession with police scanners and used one to monitor police responses to his telephone calls. In a particularly cruel act, he attended Tanya Smith's funeral and later stole her tombstone. He wrote a threatening message aimed at Misty Cockerill on the stone and placed it on the hood of a car belonging to a local radio station. In another incident, he threw a wrench wrapped in a note through a stranger's front window. The note claimed responsibility for three other similar assaults, which he said police had not connected to him. This package proved to be a critical mistake, as Driver left a thumbprint on the tape used to wrap it. Combined with DNA evidence and a distinctive bite mark found on the victim's breast, this provided forensic links directly to Driver. The investigation gained its final public breakthrough when police arranged for broadcasts of recordings of the taunting phone calls. Driver's brother recognized his distinctive voice, and his mother concurred with the identification, leading police to focus their investigation squarely on Driver and obtain the evidence needed for an arrest.

Arrest and Driver's Alternate Account

Terry Driver was arrested in 1996 after police matched his thumbprint to the one on the tape from the wrench package. Upon his arrest and throughout legal proceedings, Driver maintained an alternate account of events that contradicted the forensic evidence. He claimed he had stumbled upon the two girls after they had been attacked by someone else. Driver admitted to raping the unconscious Tanya Smith and disposing of her body in the river, and he further claimed he had been the one to drive the severely injured Misty Cockerill to the hospital. This narrative was an attempt to explain his DNA presence at the crime scene while denying responsibility for the fatal and near-fatal beatings. At his trial, his defence did not raise an insanity plea but instead focused on his claimed mental conditions. Driver argued he suffered from Tourette's syndrome, obsessive compulsive disorder, and attention deficit disorder, and he urged the court to consider these impairments to explain his actions, including the false confessions he said were a product of these disorders. This strategy was central to his attempt to create reasonable doubt about his role as the initial attacker, despite the overwhelming physical evidence linking him to the scene and the violence.

Trial, Conviction, and Sentencing

At his trial in 1997, Terry Driver elected to be tried by a judge alone, Justice Wally Oppal, rather than a jury, citing the inevitable emotional response a jury would have to the graphic details of the case. The Crown presented a case built on forensic evidence, the taunting phone calls and actions, and the testimony of the surviving victim. Justice Oppal was unpersuaded by Driver's arguments regarding his mental disorders and his alternate story of finding the victims. The judge found Driver guilty of the first-degree murder of Tanya Smith and the attempted murder of Misty Cockerill. Following the convictions, a dangerous offender hearing was held. Justice Oppal declared Driver a dangerous offender, a designation under Canadian law for individuals who constitute a threat to the life, safety, or physical or mental well-being of other persons. This designation carried an indeterminate life sentence with no guarantee of ever being paroled, though he retained the right to apply for parole hearings. In a later, separate trial, Driver was convicted of two of the additional assaults he had mentioned in his note to police. The mandatory life sentence for first-degree murder was imposed, but the dangerous offender designation meant his incarceration was indefinite, focusing on public protection rather than a fixed release date.

Appeals and Life in Prison

Terry Driver appealed his murder conviction and dangerous offender designation. His lawyer, Greg Delbigio, argued before the British Columbia Court of Appeal in 2001 that the trial judge had ignored key expert evidence regarding Driver's disorders. Delbigio contended that if this evidence had been considered properly, his client would have been acquitted of the murder and attempted murder charges. The three-judge appeal panel took less than five minutes to reject Driver's appeal, stating it had no merit. Driver continued to maintain his innocence regarding the murder and attempted murder, sticking to his story of finding the victims after the fact. During his imprisonment, Driver was transferred in 2006 from protective custody at Kent Institution to the Pacific Institution/Regional Treatment Centre in Abbotsford for treatment, a move that drew significant criticism from the public and towards Corrections Canada for housing him closer to the community where his crimes occurred. As a dangerous offender, Driver was not eligible for automatic parole after serving 25 years but was able to apply for a parole hearing, which he did in 2020. The prospect of his potential release caused significant and ongoing distress for survivor Misty Cockerill, who described feeling revictimized and retraumatized throughout the criminal justice process, specifically citing the parole application as reigniting fears for her family's safety that she had felt decades earlier.

Death, Survivor's Response, and Legacy

Terry Driver died on August 23, 2021, at Mountain Institution at the age of 56. The Correctional Service of Canada stated his death was from natural causes, and it was investigated by the coroner as is standard for all deaths in custody. For survivor Misty Cockerill, the news brought a sense of relief and closure after nearly 25 years of fearing his potential release. She stated that his death meant she no longer had to worry about upcoming parole hearings or the safety of her family, describing it as a new chapter of freedom. Cockerill has since become a recognized advocate for victims of crime, using her experience to support other survivors and speak about the long-term impacts of violent crime and the criminal justice process. The case remains a stark example in Canadian true crime of a violent, sexually motivated attack exacerbated by the perpetrator's engagement with law enforcement and the media. Driver's actions, from the use of a police scanner to the theft of a tombstone, demonstrated a calculated effort to terrorize the community and manipulate the investigation, which ultimately contributed to his capture and the judicial determination that he was a continuing danger to society.

Case Chronology and Key Details

The Terry Driver case began on October 13, 1995, when he attacked two sixteen-year-old girls, Misty Cockerill and Tanya Smith, with a baseball bat in Abbotsford, British Columbia. After the attack, Driver engaged in bizarre behaviour including taunting police with phone calls and stealing Smith's tombstone. Crucial forensic evidence, such as a thumbprint on tape, DNA, and a bite mark on the victim, combined with his brother recognizing his voice from police broadcasts, led to his arrest in 1996. Driver was convicted in 1997 of the first-degree murder of Tanya Smith and the attempted murder of Misty Cockerill and was declared a dangerous offender. He lost an appeal in 2001 and later died in prison on August 23, 2021, of natural causes.

• 13 October 1995: Driver attacks Misty Cockerill and Tanya Smith with a baseball bat in Abbotsford, BC, after emerging from bushes.
• 14 October 1995: Tanya Smith's body is found in the Vedder River. Misty Cockerill undergoes life-saving surgery.
• Late 1995, Early 1996: Driver makes taunting phone calls to police, steals and defaces Smith's tombstone, and throws a wrench with a note claiming other assaults through a window.
• 1996: Driver is arrested after his thumbprint is matched to evidence, his brother identifies his voice from broadcasted call recordings, and DNA evidence links him to the crime.
• 16 October 1997: Driver is convicted of first-degree murder and attempted murder, declared a dangerous offender by Justice Wally Oppal, and sentenced to life imprisonment.
• 2001: The British Columbia Court of Appeal dismisses Driver's appeal in a hearing lasting less than five minutes, ruling it without merit.
• Subsequent Trial: Driver is convicted of two additional assaults mentioned in his note to police.
• 2006: Driver is transferred from Kent Institution to the Pacific Institution/Regional Treatment Centre, sparking public criticism.
• 2020: Driver, as a dangerous offender, applies for a parole hearing, causing significant distress to the survivor.
• 23 August 2021: Terry Driver dies of natural causes at Mountain Institution, ending the possibility of parole.

Psychological Profile and Legal Strategy

Throughout his trial and appeal, Terry Driver's psychological state and his legal team's strategy were focal points. Driver himself claimed to suffer from a combination of Tourette's syndrome, obsessive compulsive disorder, and attention deficit disorder. His defence lawyer, Greg Delbigio, argued these conditions impaired his client's judgment and led him to give false confessions and engage in the bizarre post-crime behaviour. The defence did not pursue an insanity defence, which would have required proving Driver was incapable of appreciating the nature of his actions, but instead used the disorders to explain his actions and cast doubt on the reliability of his own statements to police. The prosecution and ultimately the court rejected this argument, finding that the disorders did not negate the clear evidence of planning and deliberate violence. Justice Oppal's designation of Driver as a dangerous offender was based on an assessment that he was a sexually sadistic killer who posed a long-term threat to public safety. This legal classification is reserved for Canada's most violent predators and serial sexual offenders, and its application in this case reflected the court's view of Driver's ingrained patterns of behaviour and high risk of reoffending.

Media and Cultural Impact

The case of Terry Driver, dubbed the Abbotsford Killer, has had an impact on Canadian true crime media and community memory. The brazen nature of his taunts, including phone calls to police and the desecration of a grave, captured significant media attention and created a climate of fear in the Fraser Valley community. The story has been the subject of books, such as Rod Gehl's 2009 work 'Through the Valley of the Shadow: The Search for the Abbotsford Killer,' and numerous true crime podcast episodes. These retellings often focus on the cat-and-mouse game Driver played with law enforcement and the miraculous survival and advocacy of Misty Cockerill. The case is frequently cited as an example of how a criminal's narcissism and desire for notoriety can contribute to their own downfall, as Driver's need to communicate with police provided critical evidence. Cockerill's transformation from a victim surviving severe trauma to a public advocate for crime victims has become an influential narrative about resilience and the survivor's journey within the Canadian justice system.

Questions about Terry Driver

How was Terry Driver caught?

Driver was caught through a combination of forensic evidence and his own actions. He left a thumbprint on tape used to wrap a wrench he threw through a window with a note claiming other crimes. Police also had DNA evidence and a bite mark from the crime scene. Crucially, after police broadcast recordings of his taunting phone calls, his brother recognized his voice and his mother confirmed the identification, which led investigators directly to Driver and allowed for a match of the physical evidence.

What was Terry Driver's sentence and what is a dangerous offender?

In 1997, Terry Driver was sentenced to life imprisonment for first-degree murder with no guarantee of parole. The sentencing judge, Wally Oppal, also declared Driver a dangerous offender. This is a Canadian legal designation for offenders who pose a long-term, indefinite threat to public safety due to a pattern of violent or sexually violent behaviour. It results in an indeterminate prison sentence, meaning the offender can be held indefinitely and is not automatically released after serving a set portion of their sentence.

What crimes did Terry Driver commit?

Terry Driver was convicted of the first-degree murder of Tanya Smith and the attempted murder of Misty Cockerill. On October 13, 1995, he attacked the two 16-year-old girls with a baseball bat in Abbotsford, British Columbia, ordering them into bushes and demanding they remove their clothes. He beat Cockerill into unconsciousness, causing severe skull fractures, and killed Smith, whose body was later found in a river. In a subsequent trial, he was also convicted of two other assaults he had mentioned in a note to police. He was declared a dangerous offender and received a mandatory life sentence in 1997.

Why was Terry Driver called the 'Abbotsford Killer'?

Terry Driver was called the 'Abbotsford Killer' due to the location of his crimes and his subsequent campaign of taunting police and the community. After murdering Tanya Smith and attempting to kill Misty Cockerill, he made a series of anonymous phone calls to police and emergency services, identifying himself as the killer and threatening more crimes. His bizarre behaviour included attending Smith's funeral, stealing her tombstone to write a threatening message, and throwing a wrench with a note through a stranger's window. This unhinged conduct terrorized the local area and earned him the notorious media nickname.

What happened at Terry Driver's appeal?

Terry Driver's appeal of his murder conviction was rejected in 2001. His lawyer argued that the original trial judge had ignored key expert evidence about Driver's disorders, including Tourette's syndrome, obsessive compulsive disorder, and attention deficit disorder. The lawyer contended that proper consideration of this evidence would have led to an acquittal. However, a three-judge panel of the British Columbia Court of Appeal dismissed the appeal in less than five minutes, stating it had no merit. The court upheld his 1997 convictions for first-degree murder and attempted murder, along with his dangerous offender designation.

How did Misty Cockerill react to Terry Driver's death?

Misty Cockerill reacted to Terry Driver's death with relief and a sense of newfound freedom. She stated his death ended her decades-long fear of his potential parole and the worry about her family's safety. Cockerill described processing the news as an emotional roller coaster, noting she was told he died of cancer though she was unaware he was ill. She expressed that she no longer had to dread upcoming parole hearings, providing significant closure. Cockerill has since used her experience to become a recognized advocate for other victims of crime, speaking out about the long-term trauma of violent crime.

Sources and further reading

• Terry Driver (Wikipedia)
• Terry Driver loses appeal of murder conviction (cbc.ca)
• Abbotsford killer Terry Driver dies in prison, survivor of ... (vancouver.citynews.ca)
• EP127: Misty Cockerill, Surviving The Abbotsford Killer (art19.com)

Checked by the Nosy Mag desk. Last updated 2026-10-23.