Kelowna Mountie involved in 2019 traffic stop shooting won’t be charged

The Mountie involved in a 2019 shooting in Kelowna will not face criminal charges.

The BC Prosecution Service announced Friday that no charges have been approved against Const. David Gauthier, the RCMP BC Highway Patrol member involved in the non-fatal shooting on Dec. 22, 2019.

“The incident occurred in the course of the investigation of suspected Motor Vehicle Act infractions,” the BC Prosecution Service said in a press release.

“As a consequence of the gunshot injuries suffered by the suspect, the incident was investigated by the Independent Investigations Office. Following the investigation, the Chief Civilian Director of the IIO determined that there were reasonable grounds to believe the officer had committed offences and submitted a report to the BCPS.”

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In turn, the BC Prosecution Service has concluded that the available evidence does not meet the BCPS’s charge assessment standard.

“Based on the available evidence, the BCPS is not able to prove, beyond a reasonable doubt, that the officer committed any offence in relation to the incident,” reads the statement.

As a result, no charges have been approved.

While the officer involved is not named in the BC Prosecution Service, the matter is the subject of a well-reported-upon civil suit that was filed in 2021.

It states that on Dec. 22, 2019, just after midnight, Philip Hakim was driving along Highway 97 near Dilworth Drive, when Const. Gauthier flipped on his emergency lights, did a U-turn and attempted to stop him.

Gauthier, according to the notice of claim, turned northbound onto Spall Road, then onto Highland Drive North but was ultimately instructed by his commanding officer to “shut it down” and not engage with the driver, later identified as Hakim.

Gauthier continued to pursue, as was recorded on in-car video equipment according to the court document. The two drivers ended up in a cul-de-sac and Gauthier parked his vehicle nose-to-nose against Hakim’s.

Gauthier got out of his car, “with his sidearm deployed and pointed his firearm directly at the direction of (Hakim) whose face was visible above the dash and steering wheel,” reads the notice of claim.

“Stop right there, Stop right there!” Gauthier is alleged to have said while pointing his gun at Hakim and the passenger.

“Within one second, Gauthier fired two shots directly toward the plaintiff and his passenger through the passenger side window, striking the driver and plaintiff in his right arm.”

Further details about why Gauthier decided to carry on with his pursuit and ultimately get out of his car are not available.

The courts approved an order to extend the conclusion of the civil suit for another year, as of last month.

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