A Kelowna man who does not have the use of his legs has filed a lawsuit against two RCMP officers after an arrest left him with multiple broken bones and injuries.
Steven Margetts is a C4-5 quadriplegic who is paralyzed from the chest down with limited mobility of his hands and arms. He was injured in a dirt bike crash in 2020 near Hope B.C.
Margetts claims to have been severely injured during an arrest that took place during a traffic stop on August 14, 2022. The lawsuit states that Margetts was driving his vehicle, which has been customized to accommodate his disability, when he was pulled over by an RCMP vehicle.
The lawsuit does not mention why Margetts was pulled over by police, but online court records show that Margetts was charged with impaired operation of a motor vehicle, flight from police, dangerous operation of a conveyance, wilfully resisting or obstructing a peace officer and assault of a peace officer on the same day that he was injured in the traffic stop.
After stopping in a parking lot on Benvoulin Road, Const. Russel Reeder allegedly told Margetts to exit his vehicle.
Margetts states that he explained to the officer that he is quadriplegic and requires access to his wheelchair lift to exit the vehicle. According to the suit, Const. Reeder denied access to the lift and again told Margetts to exit his vehicle.
Margetts alleges that he was not informed that he was under arrest and told the officer that he was disabled.
Cst. Reeder then used his Taser on Margetts' arm "without warning."
After the Taser was released from his arm, Margetts was pulled out of the vehicle, which has been raised to a height of 42 inches above the ground to accommodate his lift, and onto the gravel.
"Reeder maliciously and without any lawful reason took the Plaintiff (Margetts) by both arms and dragged the Plaintiff (Margetts) along the gravel-covered ground for approximately 15 feet," states the suit.
As Const. Reeder was dragging Margetts, Const Martin Peacey arrived on the scene.
The suit claims that Const. Peacey ought to have seen Const. Reeder's actions and ought to have addressed the situation.
Margetts was left "folded over forwards on the gravel-covered ground," as he does not have the core strength to hold himself in an upright position without support.
After approximately 10 minutes, a third RCMP officer and an ambulance arrived at the scene and Margetts was taken to the hospital.
During the arrest, Margetts sustained; four fractured ribs, a fractured femur, a fractured tibia, lacerations and bruising to the arms, legs and face.
Since the arrest, Margetts says he has suffered from pain, mental illness and a fear of police.
The suit claims that the RCMP failed to supervise and appropriately train Const. Reeder and Peacey "in techniques that do not require excessive force."
The Attorney General of Canada, the Minister of Public Safety and the Solicitor General, Const. Martin Peacey and Const. Russel Reeder are named as defendants in the case.
Margetts is requesting relief in the form of payment for damages but a dollar amount has not yet been disclosed.
The criminal trial for Margetts' traffic offences is scheduled to take place in October.
