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

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

Police deny accusations in lawsuit filed in wake of Surrey cop-shooting suspect

Jason Victor Hernandez suing VPD after police mistook him for suspect in shooting of Transit cop in Surrey

The Vancouver Police are denying a Vancouver man’s 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’s 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 “John Does” #1-6, alleging 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.”

His lawsuit claims 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.”

The notice of civil claim states he was told to surrender and “did not resist in any fashion beyond expressing his belief that the police were targeting the wrong individual.” His 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.”

homelessphoto

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)

In the VPD’s response, filed in court Sept. 3 by City of Vancouver’s lawyer Kevin Nakanishi, states that the “handcuffing officer” tested and verified the “proper fit of the handcuffs by placing his finger between the cuffs and the plaintiff’s wrists.”

“Once the Plaintiff’s identity had been confirmed, he was released from handcuffs and returned to a standing position,” The VPD’s response reads. “One 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.”

The VPD denies that police used force on Hernandez as alleged, denies he was held for five hours “as alleged or at all,” and claims Hernandez was “free to go” 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’s 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.

homelessphoto

Constable Josh Harms. (Photo: Metro Vancouver Transit Police)

Hernandez’ lawsuit claims 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.”

Hernandez’ lawsuit states 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.”

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

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 “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.”

The VPD, in its response, opposes the “granting of the relief” sought by Hernandez and maintains that his arrest was lawful pursuant to Section 495 of the Criminal Code.

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



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Pacific Rim Whale Festival is breaching for a COVID-safe return in March. (Poster photo by Owen Crosby)
Pacific Rim Whale Festival aims for virtual return in March

Educational celebration scheduled to arrive in Tofino-Ucluelet on March 15.

Island Health chief medical officer Dr. Richard Stanwick receives a first dose of Pfizer vaccine, Dec. 22, 2020. (B.C. government)
COVID-19: Vancouver Island in a January spike while B.C. cases decrease

Island’s top doc Dr. Stanwick breaks down the Island’s rising numbers

JJ Belanger is running for mayor in Tofino’s March 6 byelection. (Photo courtesy of JJ Belanger)
Belanger enters Tofino’s mayoralty race

Belanger is former chair of Tourism Tofino and current general manager of Crystal Cove Beach Resort.

The Pacific Rim National Park Reserve is urging visitors to stay on designated trails after a hiker became injured in an unsanctioned area last week. (Westerly file photo)
Injured hiker rescued in Pacific Rim National Park Reserve

“Safety is everyone’s responsibility.”

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

British Columbia Health Minister Adrian Dix looks on as Provincial Health Officer Dr. Bonnie Henry addresses the media during a news conference at the BC Centre of Disease Control in Vancouver B.C. (THE CANADIAN PRESS/Jonathan Hayward)
B.C. announces 485 new COVID-19 cases, fewest deaths in months

‘The actions we take may seem small, but will have a big impact to stop the virus,” urges Dr. Henry

Keith Thorpe/Peninsula Daily News
Search called off for small plane that went down in rough water south of Victoria

Plane bound for Port Angeles from Alaska believed to have one occupant, an Alaskan pilot

Royal B.C. Museum conservator Megan Doxsey-Whitfield kneels next to a carved stone pillar believed to have significance as a First Nations cultural marker by local Indigenous people. The pillar was discovered on the beach at Dallas Road last summer. Museum curatorial staff have been working with Songhees and Esquimalt Nation representatives to gain a clearer picture of its use. (Photo courtesy Royal BC Museum)
Stone carving found on Victoria beach confirmed Indigenous ritual pillar

Discussion underway with the Esquimalt and Songhees about suitable final home for the artifact

Former Vancouver Giants forward Evander Kane is seen here in Game 7 of the second round of the 2009 WHL playoffs against the Spokane Chiefs (Sam Chan under Wikipedia Commons licence)
Gambling debts revealed in details of bankruptcy filing by hockey star Evander Kane

Sharks left winger and former Vancouver Giants player owes close to $30 million total

Othman “Adam” Hamdan, pictured in front of Christina Lake’s Welcome Centre, was acquitted of terrorism related charges in 2017. He has been living in Christina Lake since November 2020. Photo: Laurie Tritschler
Man acquitted on terrorism charges awaits deportation trial while living in Kootenays

Othman Ayed Hamdan said he wants to lead a normal life while he works on his upcoming book

B.C. Premier John Horgan wears a protective face mask to help prevent the spread of COVID-19 prior to being sworn in by The Honourable Janet Austin, Lieutenant Governor of British Columbia during a virtual swearing in ceremony in Victoria, Thursday, November 26, 2020. THE CANADIAN PRESS/Jonathan Hayward
Premier Horgan calls jumping COVID vaccine queue ‘un-Canadian’

Horgan says most people in B.C. are doing their best to follow current public health guidelines

Prime Minister Justin Trudeau, left, and Vancouver Mayor Kennedy Stewart share a laugh while speaking to the media before sitting down for a meeting at City Hall, in Vancouver, on Friday August 30, 2019. (THE CANADIAN PRESS/Darryl Dyck)
Vancouver mayor, Health Canada to formally discuss drug decriminalization

Kennedy Stewart says he’s encouraged by the federal health minister’s commitment to work with the city

Downtown Fernie is pictured after a snowfall.

Most Read