Man sues Okanagan traffic cop over injuries in 2019 shooting

A man who was shot twice in the arm by a Central Okanagan traffic officer has filed a civil suit looking for damages to offset the pain and suffering he’s endured since.

Philip Hakim was driving a pickup truck westbound along Highway 97, near Dilworth Drive, just after midnight Dec. 22, 2019, when a police cruiser operated by Const. David Gauthier attempted to stop him, according to court documents filed Nov. 30.

There’s no reason listed for the pursuit, but the lawsuit claims it carried on for several kilometres while Gauthier had his lights and siren on.

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Hakim left the highway when he took a right turn onto Spall Road, heading north, and then made a left turn on to Highland Drive North heading west.

Because that area is residential, Gauthier’s commanding officer told him over the radio to “shut it down” and not engage with the driver of the vehicle, who was Hakim. This interaction was recorded in equipment that was running in Gauthier’s vehicle throughout the interaction, the civil suit claims.

Gauthier said “10-4” and turned off his sirens and emergency lights, according to the document. He didn’t stop the pursuit.

“Instead, and in direct defiance of his commanding officer’s order to shut it down, Gaultier continued to pursue the plaintiff’s vehicle and chased him into a dead-end cul de sac surrounded by houses and parkland where a tennis court is noted and children regularly play,” reads the suit.

Gauthier then parked his vehicle nose-to-nose against Hakim’s vehicle while switching his emergency lights and siren back on in an attempt to make an arrest, the document claims.

The civil suit alleges that Gauthier got out of his car with his firearm deployed and pointed it in the direction of Hakim, whose face was visible above the dashboard and steering wheel from about five feet away.

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“Gauthier then ran in front of (Hakim’s) vehicle and positioned himself directly in the middle of the road where he believed the plaintiff might try to escape.”

Gauthier then yelled, “Stop right there, stop right there!” while pointing his firearm directly at Hakim and the woman in the passenger seat, the document claims.

“Within one second, Gauthier fired two shots directly toward the plaintiff and his passenger through the passenger side window, striking the driver and plaintiff twice in the arm.” The woman was not injured.

The lawsuit alleges Gauthier then ran back to his cruiser and continued his pursuit, but lost sight of Hakim’s vehicle along Highland Drive North.

Within minutes of the shooting, the civil suit claims, Gauthier said over the radio to his commanding officer, “You said do not engage, but do you want us to set up any type of containment?” — a query to which his commanding officer declined.

Hakim was later treated for his gunshot wounds at Kelowna General Hospital where bullet injuries were confirmed.

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The matter was kicked up to B.C.’s independent police watchdog for investigation.

Ron MacDonald, chief civilian director of the Independent Investigations Office, determined that reasonable grounds existed to believe that an officer may have committed offences in relation to the pursuit and use of a firearm.

The office forwarded a report to the BC Prosecution Service for consideration of potential charges, but according to online court records, charges have yet to be filed.

The prosecution service must be satisfied there is a substantial likelihood of conviction based on the evidence gathered by the watchdog and that prosecution is required in the public interest.

None of Gauthier’s claims has been tested in court and a statement of defence has not been filed.