Kelowna RCMP sued over 2019 shooting

A Kelowna man is suing the RCMP for gunshot injuries he suffered after a late-night confrontation almost two years ago. 

In a statement of claim filed in B.C. Supreme Court, Philip Hakim says police tried to pull over his pickup truck on Highway 97, just after midnight on December 22, 2019. 

Hakim alleges in the court documents that he kept driving, despite the flashing police lights and eventually turned onto a residential, dead-end, cul-de-sac.

Once stopped, Hakim claims RCMP Const. David Gauthier exited his patrol car, unholstered his service firearm, pointed the weapon at the driver while yelling, "Stop right there! Stop right there!"

He alleges Gauthier almost immediately fired through the right side window, past a female passenger, striking Hakim twice in the arm, according to the court documents.

According to the statement of claim, Hakim managed to evade the officer and later reappeared at Kelowna General Hospital seeking treatment for gunshot wounds.

The lawsuit references patrol car dashcam video it claims captured police conversations in which Gauthier was ordered to cease the pursuit by superior officers.

Hakim is seeking an unspecified amount of damages and lost wages for the injuries suffered. The claims have not been tested in court and RCMP have not filed a statement of defence.

IIO investigated incident

B.C.'s police watchdog, the Independent Investigations Office (IIO), investigated the incident and, in September 2020, forwarded charges against the officer to Crown counsel for its consideration.

Prosecutors are still reviewing the case more than a year later.

"While the [B.C. Prosecution Service] makes every effort to provide a timely charge decision, the amount of time required to complete the process is determined largely by the volume and the complexity of the file materials received and the complexity of the charges under consideration,"  spokesperson Dan McLaughlin said in a statement to CBC News.

"We do not have a timeline for the completion of the assessment process in this case.  We anticipate issuing a public announcement when a decision is reached."

Plaintiff faces criminal charges

RCMP will not comment while the case is before the courts, but Hakim is facing criminal charges in connection with the incident.

It's still not clear from the statement of claim why police were pursuing Hakim or why he continued to flee, nor have police commented on their reasons for the pursuit.

Three months after the incident, Hakim was charged with flight from the police, dangerous operation of a vehicle and assaulting an officer with a weapon. 

That criminal trial is scheduled to begin in April 2022.