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Penticton  

Residents suing Penticton RCMP for alleged violence during stop for expired insurance

Alleged violent traffic stop

A pair of Naramata residents have filed a lawsuit against multiple Penticton RCMP officers, alleging police used excessive violence while conducting a traffic stop for expired insurance.

Kelly Hohmann, 63, and Sylvia Hohmann, 61, submitted the civil claim on Jan. 8, 2025, alleging that on Nov. 15, 2024, multiple officers escalated a ticket-issuing instance with what the Hohmanns allege was an "evil motive."

According to the claim, Kelly was driving his ABC Septic Services company vehicle along Government Street when a marked RCMP vehicle pulled him over.

After handing over his license and registration, Kelly alleged that RCMP Const. Garrett Fast informed him the vehicle's insurance was expired, and the work truck he was driving needed a National Safety Code number on the vehicle door, something Kelly claimed he was not aware his vehicle was required to display.

According to Kelly, as Fast returned to his RCMP vehicle, he called his wife to inform her about the turn of events.

Further discussion ensued as to whether the NSC number was necessary to be displayed. The officer allegedly informed Kelly he might need to have the vehicle towed.

Kelly doesn't dispute the insurance had expired, but he said he heard sirens approaching and then saw multiple new police officers approaching as he stood by his vehicle.

"Kelly was under the understanding he was getting a ticket and the vehicle was being towed. Kelly could not understand why so many [officers] were attending when Fast was already writing the ticket in his RCMP vehicle," said the publicly-filed civil claim.

The claim stated that soon after, Kelly's wife Sylvia arrived to see several police cars with their lights and sirens on at Carmi Avenue and Government Street, and pulled out her phone to record the situation. She informed them she had a close family member with the RCMP.

Sylvia claims to have asked for the officers' names, which was allegedly declined, then was told to go away. The court document stated she refused to do because her name was on the insurance papers.

"Before Sylvia could finish responding to the officers, and without any provocation from Kelly, one of the unknown officers maliciously and recklessly heaved Sylvia against an RCMP vehicle with his elbow forced into Sylvia's spine," the lawsuit claims.

She was then allegedly handcuffed.

Kelly turned to see his wife with an officer behind her in what appeared to be a chokehold. She was then allegedly shoved into the back of an RCMP vehicle. According to the notice of civil claim, she was told she was under arrest for obstruction.

Kelly claims he responded by asking officers to let go of his wife, then he alleges officers jumped onto his back and proceeded to push him towards the ground, where he hit his head and was injured during a handcuffing.

From there, Kelly briefly lost consciousness and when he regained it, he began screaming for help, the lawsuit alleges.

Both Hohmanns were taken to the Penticton RCMP detachment.

Kelly alleges he felt dazed and repeatedly requested to go to the hospital while at the detachment.

When the pair were released, Kelly was informed he was looking at a charge of obstruction, while Sylvia did not receive any charges.

They were released and family took them to hospital, according to their account. There, Kelly claims he was diagnosed with a concussion and further claims he has since been diagnosed with post-concussive syndrome along with other physical and mental health complications.

The couple claim they can no longer operate their business and Kelly is no longer able to work.

The Hohmanns are suing for a general damages and costs from the RCMP officers, along with the Attorney General of Canada and the Ministry of Public Safety.

The Ministry of Public Safety and Solicitor General said in an emailed statement that as the case is in front of the courts, they are unable to provide a comment at this time.

The RCMP and the BC Prosecution Service did not immediately respond to a request for comment — but police have historically told Castanet they cannot comment on open cases before the courts.

None of the allegations in the lawsuit have yet been proven in court, and all named parties have a right to respond with countersuits should they choose to do so.



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