FILE PHOTO

Image Credit: SUBMITTED/Kelowna RCMP

Sixty-three-year-old Naramata resident Kelly Hohmann didn't know what to think when he was pulled over by the RCMP in Penticton last November.

He handed over his driver's licence and insurance papers to Penticton RCMP Const. Garrett Fast, only to then find out the company vehicle he was driving wasn't insured.

The business owner called his wife and business partner, Sylvia Hohmann, who told her husband she wasn't sure if the insurance had been renewed a few months earlier.

It was midday, and Sylvia told Kelly they'd get the insurance sorted out immediately and she’d come and get him.

But what should have been routine, and in the worst case scenario seen the truck towed and a ticket issued, escalated and left Kelly with a concussion and them both in the police cells.

"We were both terrified," Sylvia told iNFOnews.ca. "It's really bad what they did to my husband. He'll never be the same."

Last week, Kelly filed in the BC Supreme Court suing Penticton RCMP Const. Garrett Fast along with two unknown officers and the Ministry of Public Safety and Solicitor General.

The court documents painted the picture of a routine traffic stop, which for unexplained reasons became completely overblown, leaving two 60-something law-abiding business owners languishing in cells confused and scared.

"It was absolutely ridiculous what they did to us," Sylvia said.

The court documents said after Kelly was pulled over, Const. Fast told him that along with the insurance, the work truck he was driving needed a National Safety Code number written on the side.

Kelly's business ABC Septic Services owned numerous vehicles, some of which needed a National Safety Code number.

He told Const. Fast that he'd had the truck – which sucks sewage out of porta-potties – insured for 15 years and it didn't need the safety code number.

He called his wife.

"Kelly asked Sylvia to come to where he was located because (Const.) Fast was growing aggressive regarding the National Safety Code number," the court document read.

The officer told Kelly he'd have to get the vehicle towed, but Kelly asked if he could just get it off the road while he went and bought some insurance.

The officer said no.

While waiting for his wife to arrive Kelly called his insurance company who told him his insurance had expired but the truck didn't need the National Safety Code number.

He then heard sirens and three RCMP officers appeared, and moments later his wife.

"Really guys? Code 3 for a 63-year-old man in a poop truck," Sylvia asked the officers.

But the joke fell on deaf ears.

She then asked the officers for their names and badge numbers, but the officers refused to say.

"Sylvia was not yelling or speaking in a threatening manner," the Notice of Claim read.

The court document said the officers told Sylvia to go away and that it had nothing to do with her. She begged to differ, telling them her name was on the insurance.

"Before Sylvia could finish responding to the officers and without any provocation from Kelly, one of the unknown officers maliciously and recklessly heaved Sylvia against an RCMP vehicle with his elbow forced into... Sylvia's spine and handcuffed (her)," the court document said. 

"Kelly turned to see Sylvia turned around with an officer behind her, her chest arched upward, and her head leaned back in a way that appeared she was being put in a chokehold by the officer. An unknown officer took Sylvia by her handcuffed wrists and shoved her into the back of his RCMP vehicle to take her to the Penticton RCMP detachment."

She was told she was under arrest for obstruction.

While this was happening Kelly said, "Let go of my wife."

"The officers grabbed Kelly's arms and proceeded to push him towards the ground. However, due to Kelly's age and lack of flexibility, his legs locked, and he could not bend. At all times, Kelly's head was faced down towards the pavement. Kelly did not pose a physical threat nor did he resist," the Notice of Claim read.

The court documents said Sylvia saw the officers "maliciously kicking and punching" Kelly and attempting to push him to the pavement.

"Kelly heard 'get to the ground, you're f****** under arrest," the court document said. "Kelly was trying to comply."

The Notice of Claim alleged that Kelly fell and hit his head on the pavement and was kicked and punched in the head.

"Kelly genuinely could not place his arms close enough together to be put in handcuffs... (and) after inflicting an excruciating amount of pain on Kelly, the officers realized it would require two pairs of handcuffs linked together to detain Kelly," the document said.

The cuffs were put on tightly and Kelly said the pain was "unbearable."

"Kelly was screaming he could not breathe during this time, but the officers intentionally and maliciously kept him face down on the road," the Notice of Claim read. "Kelly's heart was pounding, and he thought he was going to die... he began screaming for help repeatedly."

The court document said Kelly briefly lost consciousness several times while in the police car. He asked to be taken to hospital but his requests were ignored.

Separately, they were both taken to the Penticton RCMP detachment.

At the station, Kelly was dazed and confused much of the time as officers yelled instructions at him.

Sylvia cried alone in her cell.

An hour or so later they were both released and called Kelly's son to come and pick them up and take them straight to hospital.

Kelly was diagnosed with a concussion and now suffers post-concussive syndrome and has to wear sunglasses.

The court document said Kelly was left with a cauliflower ear, blurred vision, acute arthritis, nerve damage in his left hand, a torn rotator cuff and a torn hamstring, along with lacerations and bruising.

“Their actions… were malicious and amounted to willful misconduct,” the document read, calling their behaviour “unnecessary and extreme” and “deliberate, flagrant, and outrageous.”

They are suing for an undisclosed amount.

When contacted by iNFOnews.ca, Sylvia said they are both extremely traumatized by what took place.

“I'm absolutely terrified if a siren goes off. I get very, very scared,” she said.

Two of her children are police officers and she said she’s always been very pro-police.

"We donate to the Vancouver Police Society Foundation,” she said. “I send handmade water-painted cards that I make myself to fallen officers.”

Two months after the incident she still can’t understand why it happened. She thinks it may have been inexperience as all the officers involved seemed very young, or possibly bad apples.

When Sylvia first arrived at the scene she was filming with her phone and said some of the incident was caught on film, and much of it was caught on audio after she dropped her cell.

Sylvia said her husband has suffered immensely.

“It's not easy for him. He's frightened. He's easily startled… He can't watch anything that involves police on TV,” she said. “He's struggling.”

As police body cameras are rolled out across the province, Sylvia thinks the situation would never have happened if the RCMP officers involved had been wearing them.

While Sylvia was released without charge, Kelly was released on an undertaking with a report forwarded to the Crown Prosecution Service for charges.

BC Prosecution Service spokesperson Damienne Darby told iNFOnews.ca that a report had been received regarding the allegations, but no charge assessment decision had yet been made.

The Ministry of Public Safety and Solicitor General said as the case was in front of the court, it couldn’t provide a comment at this time.

RCMP didn't immediately respond to a request for comment.

None of the allegations have been proven in court.

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