MOUNTIE FIRED FEARING KNIFE ATTACK, COURT TOLD

Suspected dealer suing drug raider for pain, suffering

An RCMP corporal who shot a suspected marijuana dealer in the chest during
a raid at the victim's home in 1990 said he feared he would be ``gutted
open like a fish'' in the instant before he fired.

Only when David Glover was lying on his kitchen floor, bleeding from his
torso, did Cpl. Glenn Magark realize that what he thought was a knife was a
TV channel changer, he told a B.C. Supreme Court judge yesterday.

Glover, who had drug-trafficking charges against him stayed, is suing
Magark for the pain and suffering caused by his bullet, which missed
Glover's heart by an inch.

Magark said he and his burglary squad agreed to join Const. Andy Lamb on a
drug raid in North Vancouver on the night of March 19.

Lamb told the group Glover was dealing marijuana out of his basement suite
in the 400-block West 23rd Street and he expected to find ``three pounds of
skunk marijuana.'' (They found about 700 grams, or 1 1/2 pounds.)

Eight officers took cover near Glover's residence and waited for him to
come home from Gold's Gym. Glover entered his basement and Magark said he
could hear TV noise and there was a kitchen light on.

A small sign on the door said, ``Warning: There is nothing in here that is
worth losing your life over,'' he testified.

Magark said he drew his pistol and knocked on the door and Glover asked,
``Who is it?''

The corporal said he did not answer for fear that Glover would barricade
the door and destroy the evidence.

``The door started to open,'' he said. ``As the door became half open, I
could see [Glover].

``In his right hand, I observed an object. I couldn't determine what the
object was,'' said Magark.

``I was met by an immediate violent punch,'' he said. ``I could feel the
breeze as it went by my face.''

``What did you believe that person was attempting to do with the object?''
asked Magark's lawyer, Harry Wruck.

``I felt that I had nearly missed being zippered, or gutted open like a
fish,'' Magark replied. ``I felt that I had nearly been filleted.''

The officer said he shouted, ``Police! Face down on the floor!'' Officers
behind him shouted as well, he testified.

``There was no commencement of compliance with those commands,'' said
Magark. ``Instead, I was met with a violent act.

``I raised my pistol to the hip area. I put my finger on the trigger and
squeezed off one round to the centre of his torso.''

Glover has testified he heard the first syllable, ``Po-,'' then was shot,
then heard, ``-lice!''

Checked-by: Mike Gogulski