Prosecutor: Man shot by Vancouver police was armed

The man shot multiple times by a Vancouver police officer during an altercation Saturday in Uptown Village was armed with a loaded .40 caliber handgun, the prosecutor in the case said Wednesday.

But court records do not indicate whether the wanted man, Dominic Tovar, fired his weapon, which police later found in the waistband of his pants. The investigation is ongoing, and detectives have not confirmed if gunfire was exchanged, Vancouver Police Department spokeswoman Kim Kapp said.

On Wednesday, Tovar, 23, of Vancouver appeared in Clark County Superior Court on suspicion of first-degree assault, first-degree unlawful possession of a firearm, attempting to elude, possession of a controlled substance with intent to deliver and hit-and-run injury. His right arm was in a sling.

Court records state that Tovar suffered gunshot wounds to his right arm, right shoulder and the right side of his back after Vancouver police Officer Ken Suvada fired five shots through the back window of Tovar’s Crown Victoria as he backed into the officer. Suvada said the car struck his leg, but he moved out of the way before being seriously injured.

Judge Bernard Veljacic set Tovar’s bail at $300,000 in spite of arguments from Tovar’s court-appointed attorney that the amount is akin to a no-bail hold.

“Not everything is as clear-cut as the state would like it to be,” Defense attorney Nick Wood argued.

Incident unfolds

Washington Department of Corrections Officer Reese Campbell was off duty Saturday when about 11:15 a.m. he saw Tovar in a vehicle parked at Walgreens, 2521 Main St. A warrant was issued for Tovar’s arrest after he failed to report to DOC in December, an agency spokesman said. Campbell requested assistance, and Suvada, who was on patrol, responded to the parking lot, according to a probable cause affidavit.

Suvada approached Tovar’s vehicle and instructed him to shut it off. Instead, the vehicle began backing up and hit the officer’s leg. Suvada said he slammed his hands on the trunk and yelled for Tovar to stop. He leapt out of the way as the vehicle continued backing up, took out his handgun and shot through the back window, the affidavit states.

The vehicle sped off but crashed into a silver Pontiac Grand Am near the intersection of East 16th and Broadway streets, court records said. Tovar’s vehicle also struck the Not Too Shabby boutique, a business at the corner, according to police.

Keith Naves, the driver of the Pontiac, said Tovar’s vehicle ran a stop sign and collided with his. Samaritans helped Naves’ passenger, Leonhardt Harris, from the vehicle. She said she was experiencing neck, back and side pain from the crash, according to court documents.

Tovar and his passenger, identified as his mother, Tavi Tovar, ran from the crash and were taken into custody near the intersection of East 15th and C streets. While he was being detained, police found the loaded handgun in Dominic Tovar’s possession, the affidavit said.

Officers cut off Tovar’s jacket to begin treating his gunshot wounds and later found a dozen oxycodone pills in one of the pockets. Tovar allegedly told police he was in the store parking lot to sell the pills. But before the buyer arrived, he saw a police officer standing behind his car. He said he fled because of his warrant, court records state.