The scene at Scott Road SkyTrain after Constable Josh Harms of the Metro Vancouver Transit Police was shot on Jan. 30. (Photo: Shane Mackichan)

Wrongful arrest lawsuit against VPD in manhunt for Surrey cop shooting suspect

Vancouver man says police mistook him for suspect in shooting of Transit cop at Scott Road SkyTrain Station

A Vancouver man who claims to be 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’s Scott Road SkyTrain station, is suing Vancouver police.

Jason Victor Hernandez is suing the Vancouver Police Department, the City of Vancouver and “John Does” #1-6.

His notice of civil claim, filed in B.C. Supreme Court in Vancouver on July 30, alleges he “was 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.”

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 at Surrey’s Scott Road SkyTrain Station.

Glasgow was arrested at a house in Burnaby a few days after an extensive manhunt. He had been on mandatory release from prison on a Surrey manslaughter conviction at the time the trigger was pulled in the SkyTrain station shooting.

Josh Harms, 27, 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 Aug. 8.

READ ALSO: Daon Glasgow charged with attempted murder in Surrey transit cop shooting at Surrey SkyTrain station

READ ALSO FOCUS: ‘They should not be out on the street,’ Surrey crimefighter says of violent offenders

READ ALSO: Shot Transit cop thanks God his injuries not worse

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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 “known to quickly alter his appearance.” (Surrey RCMP handout)

Hernandez’ lawsuit says the on Feb. 1 he was exiting the Real Canadian Superstore, in the 4700-block of Kingsway in Burnaby “when he was confronted by a group of VPD officers which included the John Does” and “some of these officers had their firearms drawn and aimed at Mr. Hernandez.”

The notice of civil claim states he was told to surrender without resisting, and despite not being armed “with anything other than shopping bags, did not resist in any fashion beyond expressing his belief that the police were targeting the wrong individual.”

The lawsuit claims that despite his compliance Hernandez was “repeatedly 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.”

Hernandez’ lawsuit states that after his arrest he was handcuffed, out into a VPD vehicle and told he was suspected of being Glasgow. “Upon hearing this, Mr. Hernandez immediately protested his innocence and offered to provide identification that would show conclusively that he was not Mr. Glasgow.”

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Constable Josh Harms (Transit Police photo)

The document filed in court states that despite bearing “almost no resemblance” to Glasgow, Hernandez was detained for over five hours “while VPD members refused to check his identification or accept his explanation that he was not the person they were seeking.

“It was not until his fingerprints were processed and found not to match those of Mr. Glasgow that he was released. The detention of Mr. Hernandez during this time was unlawful, and caused Mr. Hernandez prolonged emotional distress.”

He is being represented by Matthew J. Longay, of Vancouver law firm Ferguson Allingham. The defendants have not yet filed a response in court. 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 “for their mistreatment of him” 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.

“However, 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,” the lawsuit alleges. “This callous treatment heightened Mr. Hernandez’ distress with the whole series of events.”

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 “exemplary damages to punish the defendants for their high-handed treatment of Mr. Hernandez, and to deter the defendants from further inappropriate conduct.”



tom.zytaruk@surreynowleader.com

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