Kaymen Winter, 22, is in hospital after an officer-involved shooting in Salmon Arm Jan. 30, 2017.

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A man who was left seriously injured after an officer-involved shooting in January 2017 is suing three Salmon Arm RCMP officers and the Attorney General of Canada.

Kaymen Wesley Winter, born 1994, was shot in the head by police after an incident at a Salmon Arm car wash on Jan. 30, 2017. At the time, police said they were responding to a report of a theft in progress. A report released by the Independent Investigations Office of B.C. a year after the event says police were called to the car wash after someone was allegedly trying to break into a coin box.

Within minutes, three officers arrived in separate vehicles and surrounded the entrance and exit of the car wash.

READ MORE:  "He's not a bad kid:" Family of man shot by police in Salmon Arm speaks out

While the officers surrounded the car wash bay, the report says Winter got into his pickup truck and exited the bay. An officer fired 14 shots with a carbine rifle at the pickup truck with Winter in it. Winter suffered multiple gunshot wounds including a shot to the head. He sustained serious and life-threatening injuries but ultimately survived.

An investigation eventually cleared the officer of any wrongdoing in the shooting of Winter, who was 22 years old at the time. Winter was charged with several offences stemming from that incident and events prior to the shooting. He pleaded guilty to some charges in March 2018 and was given a two year prison sentence.

In January — nearly two years after the incident — Winter filed a notice of claim against three Salmon Arm RCMP constables and the Attorney General of Canada. On Dec. 4, a consent order was filed in Kamloops Supreme Court substituting the Attorney-General for the Solicitor-General.

The notice of claim states Winter who is currently unemployed and living in Surrey. He is suing Salmon Arm RCMP Constables David Wolchuk, Shane Neimi, and Chad Inglis. In the claim, Winter alleges the shooting was caused by several negligent factors of the defendants including inadequate training of reasonable force and the officers failing to properly coordinate the response to the complaint involving Winter.

Some of Winter’s injuries included an entry wound at the right parietal occipital lobe region of the brain, bone and metal fragments penetrating five centimetres into the brain and subcutaneous metal fragments in the forehead. Winter also sustained injuries to his face, eyes and a soft tissue injury to his shoulder.

The claim states the injuries have caused Winter great suffering, loss of enjoyment of life and destruction of earning capacity both past and future. His injuries have also cost him doctor’s fees, prescription expenses, transportation expenses, and paramedical practitioner fees.

Winter is seeking general damages, special damages, exemplary damages, punitive damages, constitutional damages for a breach of the Canadian Charter of Rights and Freedoms, as well as interest.

None of the allegations have been proven yet in court. 

For past coverage on this case, go here. 

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