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Chemainus man shot by constable says he was complying with order

Sep 06 2012

A Vancouver Island man says he did exactly what police commanded him to do seconds before he was shot by an RCMP constable nearly three years ago.

During the first day of testimony in the aggravated-assault trial of Const. David Pompeo, William Gillespie told a court in Duncan that after being pulled over by police on the night of Sept. 18, 2009, he left his vehicle, got onto his knees and reached forward to get down to the ground.

The resident of Chemainus said Tuesday he then heard the loudest bang he had ever heard and saw a big flash of light.

"I felt like I got hit by a freight train," said Gillespie. "My body was on fire. I was just shocked. It was beyond words what was going on. I knew I'd been shot. I just couldn't believe it."

Gillespie said the police officer, later identified as Pompeo, offered no warning before firing his weapon.

"I remember lying on the ground," said Gillespie. "I remember blood gushing out all over my face. I remember tasting it. I remember choking on it."

The fact that Pompeo discharged his weapon, striking Gillespie with the bullet, is not in dispute.

Crown prosecutor Todd Patola and defence lawyer Ravi Hira have agreed on that point.

But what is at issue is whether the officer was justified in shooting Gillespie. Patola is arguing that Pompeo was not.

The court has heard that on the night of the incident, Pompeo and his partner had been driving an unmarked pickup truck when they pulled over Gillespie on suspicion of driving while prohibited.

Gillespie and his friend, Dale Brewer, had been trying to find an Alcoholics Anonymous meeting but couldn't and decided to head home.

Gillespie said he drove no more than 21 metres from the main road into Brewer's driveway once he heard the police siren and saw flashing red-and-blue lights.

"Panic set in. I got nervous and realized that the police were behind me and I figured there was nowhere to go, so I just pulled into Dale's driveway where I was going in the first place," Gillespie said.

He said there was nowhere better to pull over and he didn't see a problem in pulling into his friend's driveway.

"Dale and I were both ordered out of the car at gunpoint," Gillespie said.

"I heard both officers. They were both shouting the same command - to get your hands on your head, get down on your knees and onto the ground.

"I made sure, I made bloody sure, that he knew that I had nothing in my hands," said Gillespie.

Gillespie said he complied with their orders, despite being nearly blinded by the high beams of the officers' pickup truck.

The trial continues.

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