Resident in middle of police ‘mistake’

By Roger Knox - Vernon Morning Star - May 09, 2008
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For a Vernon man, not only was it a case of being in the wrong place at the wrong time, he was in the wrong kind of vehicle.

David Levesque, a 23-year-old waiter at a local restaurant, said he was on his way to work on a wet Monday afternoon, April 28, at around 4:30 in his 1996 white Nissan Pathfinder. Northbound on 32nd Street. Levesque was getting ready to turn right on 32nd Avenue when, the next thing he knew, his vehicle was boxed in by a pair of Vernon RCMP cruisers.

“I was removed from my vehicle at gunpoint, restrained on the ground, handcuffed and detained in the back of a police car because my licence plate was similar to that of a Pathfinder recently stolen,” said Levesque, the registered owner of the vehicle, who also claims the RCMP slammed him against the side of his vehicle and accused him of being drunk, all in front of a crowd he estimates at “40 to 50 people.”

Vernon RCMP spokesman Gord Molendyk confirmed the incident took place, saying one member had been out on patrol searching for a stolen white 1994 Nissan Pathfinder, which had been evading police for about 45 minutes prior to the meeting with Levesque.

“Our member had seen the stolen vehicle literally a half-minute before, then he turned and saw this vehicle,” said Molendyk, in reference to Levesque. “Our member was positive he’d located the stolen vehicle. And it was reasonably close. There were a couple of numbers on both licence plates that were the same.”

Molendyk said because car thieves are known to use break-and-enter tools, police fear for their safety as the suspects could have lethal weapons, so the members engaged in what is termed a “high risk takedown” on Levesque.

“They advised him he was under arrest for possession of a stolen vehicle,” said Molendyk. “Then, of course, on closer examination, they realized they made a mistake.”

Levesque said he was wearing black pants, black shoes and white dress shirt as he was heading to work, and that he didn’t “look like a crackhead.” He said he was given a ticket for having an open beer can in his vehicle, something that Levesque said had been in the car for a couple of days.

“It was obvious I hadn’t been drinking and I wasn’t drunk,” he said.

Police impounded his vehicle for 24-hours, and gave him a ride to work. Molendyk said the officers stated in their report they apologized to Levesque.

“It’s unfortunate, but it’s one of those things where an individual had a vehicle that matched one we were looking for,” said Molendyk.

“I know people will be worried about the way the takedown occurred, but we’re dealing with officer safety. We’re losing too many RCMP officers across Canada. It is scary for individuals when they see it happen.”

Levesque said no apology was extended by the RCMP, but he did confirm he was given a ride to his job by police.

“I’ve never been in trouble before, never had a gun pulled on me before, it’s a pretty threatening situation to be in,” said Levesque. “After I realized what was happening, it sank in that they had the wrong person. I was really frustrated. I felt violated. I felt my rights as a public citizen had been violated.

“I understand police have a really difficult job, and in a small town like Vernon, where there are so many problems, I respect the officers that work in this town.

Vernon RCMP, two days after the incident, issued a press release about a recent rash of stolen mid-1990s Nissan Pathfinders, and advised owners to purchase some extra security measures for the vehicle.

Levesque said he is contemplating filing a complaint over the incident with the Commission for Public Complaints Against the RCMP.

Molendyk said Levesque has every right to do that.

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