THUNDER BAY – The province’s Special Investigations Unit determined that Thunder Bay Police Service officers did not commit a criminal offence in connection with injuries sustained by a man who they arrested.
The incident occurred on Feb. 1 at around 12:20 p.m. when a 27-year-old man was seriously injured during his arrest.
Police were called to a building near Arthur Street East due to individuals squatting in common areas and problems related to drug trafficking and use.
Officers entered a basement hallway to find approximately six people around a mattress. The report said the floor was “littered with syringes.”
As the other individuals left through a door at the end of the hallway, the officers asked the complainant for his name.
“The complainant was reluctant to provide a name but eventually gave a false name,” the report said.
“The officers ran a check on the name and concluded that the complainant had falsely identified himself. The complainant asked if he could leave and was told he could not. Moments thereafter, the officers grabbed a hold of the complainant."
The two officers decided to arrest the man for trespassing and charge him with obstruction of justice for providing a false name.
“When the complainant resisted, the officers took him to the floor,” the report said.
A struggle ensued, during which each officer punched the man in “the head area as he refused to surrender his arms to be handcuffed. The complainant verbally and physically protested his arrest,” the report said.
At this point, one of the officers used a stun gun on the man five times for a total of 4.43 seconds.
“Rather than subduing the complainant, this seemed to anger him further. He reacted by kicking at the officers, striking (one officer) in the chest. (The other officer) stepped back and deployed his conducted energy weapon in probe mode, failing to achieve neuromuscular lock-up on two occasions,” the report said.
The stun gun probes may not have penetrated the man’s skin due to his clothing.
With the arrival and assistance of a third officer, the man’s arms were controlled behind his back and handcuffed.
Police escorted the man to a waiting cruiser outside the building. “As he neared the rear passenger side of the vehicle, he (kicked the police vehicle tire) and then purposefully rammed his head against the rear window, shattering it,” the report said.
The man was transported to hospital and diagnosed with “a possible nasal fracture and a mildly displaced fracture of the left zygomatic arch.”
According to Google, the zygomatic arch is a bar of bone that runs horizontally along the side of the head, positioned in front of the ear.
The SIU was notified of the incident and initiated an investigation. On his assessment of the evidence, SIU Director Joseph Martino determined “there were no reasonable grounds to believe that any officer committed a criminal offence in connection with the man’s arrest and injury.”
Body camera footage was used to come to this conclusion along with notes from the officers, the report said. The SIU also interviewed the complainant.
Three SIU officers investigated the incident.
Both Thunder Bay Police officers who were the subject of the investigation declined to be interviewed by the SIU, as is their legal right, although they did provide notes.
One witness official was interviewed.
The SIU also reviewed relevant legislation.
"Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law," the report said.
The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault.
Under the Special Investigations Unit Act, 2019, officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional, and provincial police services across Ontario.
