VANCOUVER

Family of man who died after interaction with Whistler RCMP sues government

Jen St. Denis Reporter, CTVNewsVancouver.ca

Published Sunday, June 14, 2020 12:33PM PDT Last Updated Sunday, June 14, 2020 1:31PM PDT

The RCMP logo is seen outside Royal Canadian Mounted Police "E" Division Headquarters, in Surrey, B.C., on Friday April 13, 2018. (THE CANADIAN PRESS/Darryl Dyck)

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VANCOUVER -- The mother of a man who died after an interaction with RCMP officers in Whistler is suing the B.C. and federal governments, claiming police officers used excessive force and "acted in an intentional or extremely reckless manner."

In a statement of claim filed June 9, Nola Koehler said her son, Jacob Koehler, died after being Tasered, pepper-sprayed and beaten with batons. According to the lawsuit, Jacob Koehler's last words to police were "don't kill me."

None of the allegations has been proven in court and a response to the allegations has not yet been filed.

According to the lawsuit, Jacob Koehler had been living in Whistler and running a smoking accessories store. He had existing mental health issues, which had previously brought him into contact with the RCMP in Whistler, according to the claim.

On March 8, around 11 a.m., three RCMP officers arrived at a restaurant after getting a complaint about a disturbance, according to the statement of claim.

The officers "resorted to the use of physical force," including a Taser, against Jacob Koehler soon after arriving, Nola Koehler alleges, "with limited efforts to de-escalating the situation and with no reason to believe bodily harm to anyone was imminent."

The arrival of a fourth officer only made things worse, according to the statement of claim. That officer, "in addition to using excessive force, acted in an intentional or extremely reckless manner, making a poorly handled situation substantially worse."

According to the claim, Jacob Koehler was unarmed and had been trying to show he was willing to leave the restaurant, raising his arms above his head and putting them in front of his body so he could be handcuffed.

After being Tasered, pepper-sprayed and beaten with batons, he lost consciousness while still at the restaurant and could not be revived, according to the lawsuit.

Nola Koehler is seeking compensation under the Family Compensation Act. Her lawsuit comes as the role of the police has come under intense scrutiny in the United States and Canada, with advocates saying police officers are ill-equipped to respond to people who are suffering from mental illness.