RCMP officer faces lawsuit, possible charges, over 2019 shooting

Photo: Castanet Staff

The scene of a police-involved shooting on Highland Drive North in Kelowna on Dec. 22, 2019

A local man is suing a Kelowna RCMP officer who shot him during a late-night incident in December 2019, and the officer could also face criminal charges.

Philip Hakim filed the civil lawsuit against the RCMP and Const. David Gauthier earlier this week, close to two years after the officer shot Hakim during an incident on Kelowna's Highland Drive North.

Following an investigation by the Independent Investigations Office of B.C., the police watchdog determined the officer may have committed an offence, and the IIO's report was forwarded to the BC Prosecution Service in September 2020. But more than a year later, the Crown is still considering charges.

According to the recently filed lawsuit, the officer attempted to pull over Hakim on Highway 97 near Dilworth Drive just after midnight on Dec. 22, but Hakim refused. It's not clear why the officer attempted the traffic stop.

The officer followed Hakim northbound on Spall Road, and then down Highland Drive North. Hakim's suit claims in-car recording equipment in the officer's car recorded Gauthier's commanding officer telling Gauthier to “shut it down” and “not engage” with Hakim after he had turned onto the residential street. But Hakim says the officer turned his lights off, but continued to pursue him to the end of the road.

Hakim claims Gauthier parked his vehicle nose-to-nose with his own vehicle, exited his cruiser and pointed his firearm at Hakim and his female passenger.

“Gauthier yelled: 'Stop right there! Stop right there!” while still pointing his firearm directly in the direction of the plaintiff and his passenger's face,” the suit claims.

“Within one second, Gauthier fired two shots directly towards the plaintiff and his passenger through the passenger-side window, striking [Hakim] twice in his right arm.”

It appears Hakim was able to successfully flee the scene after he was shot.

“Gauthier immediately ran back to his police vehicle and tried to continue his pursuit of the plaintiff, however Gauthier lost sight of the plaintiff's vehicle along Highland Drive North,” the suit claims.

Hakim later showed up at Kelowna General Hospital where he sought treatment for two bullets in his right forearm.

Three months after the incident, Hakim was charged with flight from the police, dangerous operation of a vehicle and assaulting an officer with a weapon. He's set to face trial in April of 2022.

Close to two years later, Hakim is now seeking damages and lost wages for the injuries he suffered.

“The injuries, loss and damage have caused, and continue to cause the claimant pain, suffering, loss of enjoyment of life, permanent physical disability and loss of earnings, past and prospective,” Hakim claims in the suit.

Last September, the Independent Investigations Office chief civilian director Ronald J. MacDonald said “reasonable grounds exist to believe that an officer may have committed offences in relation to the pursuit and use of a firearm” during the incident.

But more than a year later, no charges have been laid against the officer.

"While the BCPS makes every effort to provide a timely charge decision, the amount of time required to complete the process is determined largely by the volume and complexity of the file materials received and the complexity of the charges under consideration," said Dan McLaughlin, communications counsel with the BCPS.

"We do not have a timeline for the completion of the assessment process in this case."

The day after the shooting, a witness told Castanet it appeared Hakim had driven forward before the officer shot his firearm.

"Then the cop — I can hear him and see him kind of out of his vehicle — I heard him say, 'stop right there', then the truck went forward and I heard two shots, 'bang-bang.' I was like is that real?" the witness said.

Gauthier and the RCMP have yet to formally respond to the suit, and the RCMP refused to comment on the matter Wednesday.

“Given this matter is being assessed by the BC Prosecution Service for charge assessment and is now before the civil court, we must reserve out comments accordingly,” said Staff Sgt. Janelle Shoihet of the RCMP E Division.

Due to a spelling error of Hakim's name in Court Services Online, a previous version of this story said Hakim had not been charged in the incident, when in fact he had.