Lawsuit alleges bloody RCMP dog takedown in Kelowna, B.C., was 'reckless and unlawful'

A Kelowna man is suing two RCMP officers, claiming a confrontation caused "injuries so severe that he lost consciousness and had to be resuscitated at Kelowna General Hospital."

In a statement of claim filed in the Supreme Court ofBritish Columbiain Kelowna, Fernando Verde states he was walking through Kelowna's Rutland neighbourhood on Aug. 1, 2020,when he spotted a friend's stolen e-bike and attempted to recover it. While riding away he was confronted by RCMP Const. Reginald Sahayand his police canine.

"Upon seeing the plaintiff, Sahay instructed the dog to attack the plaintiff," Verde claimed in court documents. "The plaintiff fell off the e-bike and landed on the ground. Sahay instructed the dog to continue the attack While the dog was mauling the plaintiff, Sahay was punching and kicking the plaintiff in his head and ribs at the same time."

The claim says the "reckless and unlawful" takedown caused Verde physical distress and emotional trauma.

Verde accuses a second attending officer of failing to intervene.

Verde claims he was taken to hospital, bleeding profusely from bite wounds, and had emergency surgery to repair a femoral artery in one of his thighs.

None of the claims have been proven in court. A statement of defence has yet to be filed.

Verde was not charged with any criminal offences related to the incident.

B.C. Independent Investigations Office opened file

On Aug. 2, theB.C.'s Independent Investigations Office opened a file on the case, asking for any witnesses to the incident to step forward.

The IIO only investigates police conduct that results in death or serious harm.

RCMP provide mixed response

In a written response Monday, the RCMP told CBCNews the officers involved "remain operational."

B.C. RCMP Senior Media Relations Officer Staff Sgt. Janelle Shoihet stated, "Given that the matter is being investigated by IIO BC, we must respect that process and reserve our comments to be entered officially through the civil court process."

Also on Monday,Kelowna RCMP sent out a press release outlining Fernando Verde's arrestfor suspected car theft on Oct.6, almost two weeks earlier.

Kelowna RCMP refused further comment on the case.

A search of court records shows Verde has a history of criminal charges and convictions, including drug possession and property crimes, often linked to addictions.

Kelowna RCMP faces other lawsuits

Kelowna RCMP have faced at least four separate lawsuits alleging misconduct this year.

In June, surveillance video emerged of Kelowna RCMP Const. Lacy Browning draggingnursing student Mona Wang down a hallwayand then using her foot to push Wang's headdownafter being called to performa wellness check.

The IIO did not investigate because it did not meet the threshold of serious injury or death.

Browning has been named in two other lawsuits. A woman claimed the officer assaulted her while she was walking home from a New Year's Eve party in 2016.

In September, Kelowna resident Cole Vasko claimed he was injured during an arrest in 2019. In an unusual move,RCMP Southeast District Chief Supt.Brad Hauglitold reporters Vasko had written a letter to police after hisarrest whichVasko confirmed and described as an apology.

In June, two videos of an arrest surfaced showing a Kelownaofficer punching a man in the head at least 10 timeswhile two other RCMP officers restrained him.