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

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

homelessphotohomelessphoto

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.”

homelessphoto

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

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

Through his lens, Doug Cook captured this picture of the Fraser River, Mount Baker, an eagle, and even the Golden Ears Bridge on a sunny fall afternoon. The photo was taken from the wooden walkway leading down to the Pitt Meadows Regional Airport float plane dock. (Contributed photo)
Friends of Semiahmoo Bay to host virtual World Wetland Day event

Webinar event to feature six speakers, to be held Feb. 2

Pindie Dhaliwal, one of the organizers for the Surrey Challo protest for Indian farmers. She says organizers were told by Surrey RCMP that the event was not allowed due to COVID-19. Organizers ended up moving the protest to Strawberry Hill at the last minute. (Photo: Lauren Collins)
Indian farmers rally moves as organizers say Surrey RCMP told them they couldn’t gather

Protest originally planned in Cloverdale, moved to Strawberry Hill

One of the Choices Lottery grand prize packages includes a home located at 16730 19 Ave., Surrey. (Contributed photo)
Two South Surrey homes featured in Choices Lottery

Tickets on sale now for BC Children’s Hospital lottery

Fraser Health has declared a COVID-19 outbreak at a Surrey high-intensity rehabilitation unit, Laurel Place. On Dec. 22, 2020, Fraser Health said four patients and two staff members have tested positive for the virus. (Image: Google Street View)
Fraser Health says COVID-19 outbreak over at Laurel Place in Surrey

Health authority declared outbreak over Jan. 16

(Photo by Kevin Hill)
40 cases linked to Surrey Memorial Hospital COVID-19 outbreak

Fraser Health says two death are associated with the outbreak

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

A 17-year-old snowmobiler used his backcountry survival sense in preparation to spend the night on the mountain near 100 Mile House Saturday, Jan. 16, 2021 after getting lost. (South Cariboo Search and Rescue Facebook photo)
Teen praised for backcountry survival skills after getting lost in B.C.’s Cariboo mountains

“This young man did everything right after things went wrong.”

Conservative Leader Erin O’Toole holds a press conference on Parliament Hill, in Ottawa on December 10, 2020. THE CANADIAN PRESS/Sean Kilpatrick
No place for ‘far right’ in Conservative Party, Erin O’Toole says

O’Toole condemned the Capitol attack as ‘horrifying’ and sought to distance himself and the Tories from Trumpism

A passer by walks in High Park, in Toronto, Thursday, Jan. 14, 2021. This workweek will kick off with what’s fabled to be the most depressing day of the year, during one of the darkest eras in recent history. THE CANADIAN PRESS/Chris Young
‘Blue Monday’ getting you down? Exercise may be the cure, say experts

Many jurisdictions are tightening restrictions to curb soaring COVID-19 case counts

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
COVID-19: Provinces work on revised plans as Pfizer-BioNTech shipments to slow down

Anita Anand said she understands and shares Canadians’ concerns about the drug company’s decision

Tourists take photographs outside the British Columbia Legislature in Victoria, B.C., on Friday August 26, 2011. A coalition of British Columbia tourism industry groups is urging the provincial government to not pursue plans to ban domestic travel to fight the spread of COVID-19. THE CANADIAN PRESS/Darryl Dyck
B.C. travel ban will harm struggling tourism sector, says industry coalition

B.C. government would have to show evidence a travel ban is necessary

(Phil McLachlan - Capital News)
‘Targeted’ shooting in Coquitlam leaves woman in hospital

The woman suffered non-life threatening injuries in what police believe to be a targeted shooting Saturday morning

sdf
Another Mission student arrested for assault, in 2nd case of in-school violence this week

RCMP notified of local Instagram page with videos (now deleted) showing student assaults, bullying

A unique-looking deer has been visiting a Nanoose Bay property with its mother. (Frieda Van der Ree photo)
A deer with 3 ears? Unique animal routinely visits B.C. property

Experts say interesting look may be result of an injury rather than an odd birth defect

Most Read