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A Kelowna man has filed a lawsuit after he was allegedly viciously attacked by a Royal Canadian Mounted Police officer and a police dog.
RCMP Officer Accused of Aggravated Assault
Plaintiff Fernando Verde has accused RCMP officers, Cst. Davidson and Cst. Reginald Sahay of assault, breach of Charter rights, and negligence after a vicious police dog attack.
On Aug. 1, 2020, Verde was walking in Rutland and he noticed a friend’s stolen e-bike. Verde noticed a suspect who is allegedly known to be a bike thief, nicknamed Bike Mike. According to the lawsuit, Verde saw an opportunity to take his friend’s bike back when Bike Mike left the stolen e-bike outside of a gas station. Verde alleges the owner of the bike instructed him to do so, so he took the bike and rode off.
Unbeknownst to Verde, the police were in the gas station parking lot, noticed him leaving with the bike, and followed him.
Verde rode the bike down a trail and came upon Sahay and an RCMP dog. The RCMP dog attack lawsuit says Sahay instructed the dog to attack Verde, and the dog mauled him on the ground. It is then alleged that RCMP officer Sahay continued to instruct the police dog to attack, and also engaged in attacking Verde by punching and kicking him in the head and ribs.
The RCMP dog attack lawsuit reports that the RCMP is aware that Sahay has a history of using violence against citizens.
While being bitten by the dog and assaulted by RCMP officer Sahay, more officers arrived, including Davidson. Verde was bleeding, hurt, and in desperate need of medical attention after the alleged vicious attack by both the police dog and officer.
The RCMP dog attack lawsuit says the officers did not quickly call an ambulance for Verde but eventually did.
The RCMP dog attack lawsuit says officer Davidson was “complicit” in the assault because she stood by and did not attempt to stop the attack. The RCMP dog attack lawsuit also calls Davidson “indifferent” to Verde’s suffering because although he was in apparent distress and needed medical attention, Davidson did not call for an ambulance.
Plaintiff Sustains Severe Injuries From RCMP Dog Attack
The lawsuit says that Verde was taken to the Kelowna General Hospital to receive medical care. He was suffering from severe hypotension and bleeding from the dog’s attack. The physical injuries were so devastating that Verde allegedly lost consciousness and had to be resuscitated at the hospital. Verde was subject to emergency surgery to restore his left superficial femoral artery from the RCMP dog attack, says the lawsuit. Verde needed to remain at the hospital to receive intravenous antibiotic therapy and wound repair. Further injuries from the RCMP attack included a major loss of blood and palpable pedal pulses.
Verde was not charged with any offences for riding his friend’s bike away. However, the lawsuit says as a direct result of the two officers’ actions, Verde suffered severe physical and emotional distress. He was subjected to embarrassment, emotional turmoil, psychological trauma, and shame after the RCMP dog attack. The lawsuit alleges the two RCMP officers’ acts caused injuries to Verde that were “reckless, malicious, and unlawful” to his rights and safety.
Lawsuit Alleges Negligence and Breaches of Canadian Charter Rights
The RCMP dog attack lawsuit accuses the officers of instructing the dog to attack Verde before asking any questions, and the officers also detained him without informing him why they had done so.
The lawsuit alleges the RCMP officers involved in the dog attack willfully denied Verde of his section 9 Charter rights. The lawsuit states the “RCMP officers knew that given the Plaintiff’s physical state and intimidating surrounds, being surrounded by five or six RCMP officers and a Dog that the Plaintiff at all times believed he was detained.”
Furthermore, The RCMP officers did not inform Verde of the reasons he was detained nor did they inform him he was entitled to seek legal counsel right away. The RCMP dog attack lawsuit concludes Verde was denied of his 10(a) and 10(b) Charter rights.
As Davidson reportedly stood by as the RCMP dog attack occurred, the lawsuit is alleging negligence because the officer did not attempt to stop the dog or Sahay from harming Verde.
Verde is seeking damages for his injuries and having his legal rights breached.
Unfortunately, the RCMP dog attack is not the first allegation of serious misconduct. The RCMP has also been accused of systemic racism within the force, and a class action lawsuit Canada has been brought forth with reports of harassment and abuses towards Indigenous people including rape and excessive use of force.
The RCMP gave a written response to CBC News reporting that the two officers involved in the dog attack are still working in the force.
Do you think the officers involved in the RCMP dog attack should be on leave? If the RCMP dog attack allegations are found to be true should the officers be fired and/or face criminal charges? Share your thoughts in the comments section below.
Verde is represented by Michael Patterson.
The RCMP Dog Attack Lawsuit is Fernando Verde v. The Attorney General of Canada, et al., Case No. KEL-S-S-129055, in the Supreme Court of British Columbia, Canada.
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