The Vancouver Police are denying a Vancouver man害羞草研究所檚 claims he was the victim of an assault and wrongful arrest when police were hunting for Daon Gordon Glasgow, the man suspected of shooting a Transit Police constable at Surrey害羞草研究所檚 Scott Road SkyTrain station.
Jason Victor Hernandez filed his notice of civil claim in B.C. Supreme Court in Vancouver on July 30 against the Vancouver Police Department, the City of Vancouver and 害羞草研究所淛ohn Does害羞草研究所� #1-6, alleging he 害羞草研究所渨as the victim of an assault and wrongful arrest committed by currently unidentified members of the Vancouver Police Department in the course of their investigation into an offence which Mr. Hernandez had not committed, and was not suspected of committing.害羞草研究所�
His lawsuit claims that despite bearing 害羞草研究所渁lmost no resemblance害羞草研究所� to Glasgow, Hernandez was detained for over five hours 害羞草研究所渨hile VPD members refused to check his identification or accept his explanation that he was not the person they were seeking.害羞草研究所�
The notice of civil claim states he was told to surrender and 害羞草研究所渄id not resist in any fashion beyond expressing his belief that the police were targeting the wrong individual.害羞草研究所� His lawsuit claims that despite his compliance Hernandez was 害羞草研究所渞epeatedly struck by VPD officers during the course of his wrongful arrest, and sustained various injuries including, but not limited to, abrasions and bruising to his face and body, several broken ribs, and a concussion.害羞草研究所�
The many faces of Surrey SkyTrain shooting suspect Daon Gordon Glasgow. Surrey RCMP said at the time of the shooting, Glasgow was described as dark skinned with a black stubble mustache, however, police added Glasgow is 害羞草研究所渒nown to quickly alter his appearance.害羞草研究所� (Surrey RCMP handout)
In the VPD害羞草研究所檚 response, filed in court Sept. 3 by City of Vancouver害羞草研究所檚 lawyer Kevin Nakanishi, states that the 害羞草研究所渉andcuffing officer害羞草研究所� tested and verified the 害羞草研究所減roper fit of the handcuffs by placing his finger between the cuffs and the plaintiff害羞草研究所檚 wrists.害羞草研究所�
害羞草研究所淥nce the Plaintiff害羞草研究所檚 identity had been confirmed, he was released from handcuffs and returned to a standing position,害羞草研究所� The VPD害羞草研究所檚 response reads. 害羞草研究所淥ne or more of the Lead Constables explained to the Plaintiff that he was free to go, the reasons for why he had been stopped by police in the way that he had, and offered to answer any questions. The Plaintiff confirmed to the Lead Constables that he understood and that he had no further questions for the police.害羞草研究所�
The VPD denies that police used force on Hernandez as alleged, denies he was held for five hours 害羞草研究所渁s alleged or at all,害羞草研究所� and claims Hernandez was 害羞草研究所渇ree to go害羞草研究所� within 15 minutes after the lead investigator arrived on scene.
Daon Gordon Glasgow, 35, of Vancouver is charged with attempted murder and weapons offences in the Jan. 30 shooting of Transit Police Constable Josh Harms, 27, at Surrey害羞草研究所檚 Scott Road SkyTrain Station. Glasgow was arrested at a house in Burnaby a few days after an extensive manhunt and had been on mandatory release from prison on a Surrey manslaughter conviction at the time the trigger was pulled in the SkyTrain station shooting.
Harms was twice shot in the arm at the Surrey SkyTrain station while in the line of duty. Glasgow is expected to make his next appearance in Surrey provincial court on Sept. 27.
Constable Josh Harms. (Photo: Metro Vancouver Transit Police)
Hernandez害羞草研究所� lawsuit claims that on Feb. 1 he was exiting a Real Canadian Superstore in Burnaby 害羞草研究所渨hen he was confronted by a group of VPD officers which included the John Does害羞草研究所� and 害羞草研究所渟ome of these officers had their firearms drawn and aimed at Mr. Hernandez.害羞草研究所�
Hernandez害羞草研究所� lawsuit states that after his arrest he was handcuffed, put into a VPD vehicle and told he was suspected of being Glasgow. 害羞草研究所淯pon hearing this, Mr. Hernandez immediately protested his innocence and offered to provide identification that would show conclusively that he was not Mr. Glasgow.害羞草研究所�
害羞草研究所淚t was not until his fingerprints were processed and found not to match those of Mr. Glasgow that he was released,害羞草研究所� according to his notice of civil claim. 害羞草研究所淭he detention of Mr. Hernandez during this time was unlawful, and caused Mr. Hernandez prolonged emotional distress.害羞草研究所�
Hernandez is being represented by Matthew J. Longay, of Vancouver law firm Ferguson Allingham. None of the claims have been proven or disproven in a court of law.
The notice of claim alleges that after Hernandez was released VPD members apologized 害羞草研究所渇or their mistreatment of him害羞草研究所� and offered to provide him with temporary accommodation in a hotel as he missed an appointment to move into a new place due to the arrest.
害羞草研究所淗owever, despite ongoing assurances to Mr. Hernandez, the VPD failed to follow-through with their offer for accommodations and Mr. Hernandez was forced to spend a night in the hotel lobby awaiting reservations which never arrived,害羞草研究所� the lawsuit alleges. 害羞草研究所淭his callous treatment heightened Mr. Hernandez害羞草研究所� distress with the whole series of events.害羞草研究所�
The plaintiff is seeking relief for general damages, damages for pain and suffering arising from his various injuries physical, mental or emotional, special damages, compensation for medical expenses, loss of employment opportunity and short-term housing, as well as 害羞草研究所渆xemplary damages to punish the defendants for their high-handed treatment of Mr. Hernandez, and to deter the defendants from further inappropriate conduct.害羞草研究所�
The VPD, in its response, opposes the 害羞草研究所済ranting of the relief害羞草研究所� sought by Hernandez and maintains that his arrest was lawful pursuant to Section 495 of the Criminal Code.
tom.zytaruk@surreynowleader.com
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