The Vancouver Police are denying a Vancouver man91裸聊视频檚 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 Surrey91裸聊视频檚 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 91裸聊视频淛ohn Does91裸聊视频� #1-6, alleging he 91裸聊视频渨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.91裸聊视频�
His lawsuit claims that despite bearing 91裸聊视频渁lmost no resemblance91裸聊视频� to Glasgow, Hernandez was detained for over five hours 91裸聊视频渨hile VPD members refused to check his identification or accept his explanation that he was not the person they were seeking.91裸聊视频�
The notice of civil claim states he was told to surrender and 91裸聊视频渄id not resist in any fashion beyond expressing his belief that the police were targeting the wrong individual.91裸聊视频� His lawsuit claims that despite his compliance Hernandez was 91裸聊视频渞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.91裸聊视频�
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 91裸聊视频渒nown to quickly alter his appearance.91裸聊视频� (Surrey RCMP handout)
In the VPD91裸聊视频檚 response, filed in court Sept. 3 by City of Vancouver91裸聊视频檚 lawyer Kevin Nakanishi, states that the 91裸聊视频渉andcuffing officer91裸聊视频� tested and verified the 91裸聊视频減roper fit of the handcuffs by placing his finger between the cuffs and the plaintiff91裸聊视频檚 wrists.91裸聊视频�
91裸聊视频淥nce the Plaintiff91裸聊视频檚 identity had been confirmed, he was released from handcuffs and returned to a standing position,91裸聊视频� The VPD91裸聊视频檚 response reads. 91裸聊视频淥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.91裸聊视频�
The VPD denies that police used force on Hernandez as alleged, denies he was held for five hours 91裸聊视频渁s alleged or at all,91裸聊视频� and claims Hernandez was 91裸聊视频渇ree to go91裸聊视频� 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 Surrey91裸聊视频檚 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)
Hernandez91裸聊视频� lawsuit claims that on Feb. 1 he was exiting a Real Canadian Superstore in Burnaby 91裸聊视频渨hen he was confronted by a group of VPD officers which included the John Does91裸聊视频� and 91裸聊视频渟ome of these officers had their firearms drawn and aimed at Mr. Hernandez.91裸聊视频�
Hernandez91裸聊视频� lawsuit states that after his arrest he was handcuffed, put into a VPD vehicle and told he was suspected of being Glasgow. 91裸聊视频淯pon hearing this, Mr. Hernandez immediately protested his innocence and offered to provide identification that would show conclusively that he was not Mr. Glasgow.91裸聊视频�
91裸聊视频淚t was not until his fingerprints were processed and found not to match those of Mr. Glasgow that he was released,91裸聊视频� according to his notice of civil claim. 91裸聊视频淭he detention of Mr. Hernandez during this time was unlawful, and caused Mr. Hernandez prolonged emotional distress.91裸聊视频�
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 91裸聊视频渇or their mistreatment of him91裸聊视频� 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.
91裸聊视频淗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,91裸聊视频� the lawsuit alleges. 91裸聊视频淭his callous treatment heightened Mr. Hernandez91裸聊视频� distress with the whole series of events.91裸聊视频�
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 91裸聊视频渆xemplary damages to punish the defendants for their high-handed treatment of Mr. Hernandez, and to deter the defendants from further inappropriate conduct.91裸聊视频�
The VPD, in its response, opposes the 91裸聊视频済ranting of the relief91裸聊视频� 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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