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

Man sues police for wrongful arrest in hunt for Surrey transit cop shooting suspect

Vancouver man’s lawsuit claims police mistook him for suspect, assaulted him

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 was 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, is charged with attempted murder and weapons offences in the Jan. 30 shooting of Transit Police Constable Josh Harms. 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. Harms, 27, was twice shot in the arm.

Glasgow is expected to appear in Surrey provincial court on Aug. 8.

READ ALSO: Daon Glasgow charged with attempted murder in transit cop shooting at 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 that on Feb. 1 he was exiting a Real Canadian Superstore 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’ claims that after his arrest he was handcuffed, put 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.

“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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