Investigators mark the location of spent bullet casings and gunshot marks on the vehicles involved in the Jan. 30, 2017 shooting at the Xcalibur car wash in Salmon Arm. (Observer file photo)

Man shot by RCMP in Shuswap suing police and province

Kaymen Winter and his lawyer claim Salmon Arm RCMP negligence cause of his injuries

A man who was shot in the head by Salmon Arm RCMP officers in 2017 at a local car wash is suing three officers and representatives of the provincial government.

Kaymen Wesley Winter, 25, filed a notice of civil claim with the BC Supreme Court in Kamloops on Jan. 21, 2019. Named as defendants in the suit are Constables David Wolchuk, Shane Neimi and Chad Inglis.

The notice of claim initially named Her Majesty the Queen as a defendant, along with the Salmon Arm officers, but a Dec. 4 consent order filed with the court substitutes the Minister of Public Safety and Solicitor General for the Queen. The Attorney General of Canada is also named as a defendant.

Shortly after midnight on Jan. 30, 2017, Winter was observed on video surveillance breaking into the coin box in one of the wash bays at the Xcalibur Car Wash located on a Trans-Canada Highway frontage road in Salmon Arm. Three RCMP officers from the Salmon Arm detachment responded.

Read more: Man shot by police in 2017 pleads guilty to string of offences

Read more: Man shot during flight from Shuswap car wash pleads guilty

The notice of claim states that, in the ensuing arrest, Wolchuk fired 14 rounds from his carbine rifle, injuring Winter to the point that his life was threatened. Winter’s lawyer claims his injuries were the result of police negligence either in Wolchuk’s actions, in the way he was trained or in the RCMP’s policy regarding the use of force. The notice also claims there was no threat of death or serious bodily harm to anyone involved when shots were fired.

Read more: RCMP officer officially cleared in shooting incident

Read more: Lawyer says RCMP cleared in car wash shooting

Winter’s injuries detailed in the court document include an entry wound at the right parietal-occipital lobe of his brain, bone and metal fragments that penetrated his brain, injuries to his face and eyes and a soft-tissue injury to his shoulder. The notice of claim says that the injuries have caused Winter pain and suffering, loss of enjoyment of life and destruction of his past and future earning capacity. Also noted are financial costs associated with the injuries including prescription drugs and doctors’ fees.

Winter and his lawyer are seeking general damages, special damages, exemplary damages, punitive damages, constitutional damages for breach of his Charter rights, interest and relief for costs incurred.

In February 2018 the Independent Investigations Office of B.C., the province’s police watchdog that investigates incidents involving death or serious harm, cleared the officer of wrongdoing. The report stated the officer was shooting at a truck driven by Winter seen accelerating towards another officer.

None of the assertions in the notice of claim have been proven in court.



jim.elliot@saobserver.net

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Erris department will launch junior firefighter program with help of grant

This past November, the Community Foundation of the South Okanagan Similkameen (CFSOS)… Continue reading

Summerland Steam earn one win, one loss in hockey action

Junior B team in third place in division

Pioneer families lived in Summerland’s Prairie Valley area

Darke and Dale families played roles in community’s early history

UPDATE: Princeton RCMP make arrest in armed robbery after ‘brief struggle’

Princeton RCMP have arrested a suspect in connection with an armed robbery… Continue reading

Robbery at Princeton Petro Canada Station

Princeton RCMP are investigating an armed robbery at the Petro Canada Station… Continue reading

VIDEO: Canada’s first presumptive case of coronavirus officially confirmed

Both patient and wife arrived on a China Southern Airlines flight after having been to Wuhan

First-place Canucks beat Blues 3-1 for ninth straight home win

Miller nets pair as Vancouver defeats Cup champs

Swapping grape varieties can help winemakers adapt to climate change: UBC study

Report says 56% of wine-grape-growing regions would be lost if global climate warms by 2 C

Alberta premier wants feds to approve Teck mine for benefit of First Nations

Kenney: ‘Surely [reconciliation] means saying yes to economic development for First Nations people’

Quintet jazzes it up with Okanagan-wide talents

Justin Glibbery group brings twist of jazz and pop

Trans-Canada closed east of Golden due to avalanche hazard

The highway is estimated to reopen around 7 p.m.

Penticton Indian Band stands in solidarity with the Wet’suwet’en

“We’ve lived in this area for 10,000 years, and our knowledge is being disregarded…” - Chad Eneas.

Former Hells Angels associate in Kelowna court on gun, drug charges

Former Angels associate Dale Habib appears in Kelowna court

NDP suggests easing secondary housing rules for B.C. farmland

Lana Popham proposes guest homes not just for relatives

Most Read