The province's police watchdog has ruled that a Windsor police officer did not commit a criminal offence during an arrest last summer that resulted in a man suffering a broken nose.
SIU Director Finds No Grounds for Charges
In a decision released this week, Special Investigations Unit (SIU) Director Joseph Martino concluded there are "no reasonable grounds to believe" the injury resulted from unlawful conduct by the officers involved. The incident, which triggered a mandatory SIU probe, occurred on the evening of August 19.
Martino stated he was satisfied the officers were legally justified in arresting the man for public intoxication and that they did not use excessive force during what he described as a "protracted and violent struggle."
Details of the Violent Confrontation
According to the SIU's report, police were called to a residence near Lauzon Parkway and McHugh Street shortly before 10 p.m. for a reported domestic disturbance. The investigation found that the man, who was the subject of the SIU probe, had allegedly struck a woman with a broomstick.
The woman, however, declined to provide a formal statement to police. Officers instructed the "heavily intoxicated" man to leave the home for the night. He gathered his belongings and initially left with the officers.
The situation escalated as they walked down a corridor toward a stairwell. The report states the man "became verbally abusive and belligerent." Due to his combative behavior and level of intoxication, an officer decided to arrest him for public intoxication.
The Struggle That Led to Injury
Upon being informed he was under arrest, the SIU report says the man turned and delivered a "two-handed punch" toward an officer. This prompted two other officers to intervene physically, leading to a fierce altercation.
The struggle moved to the bottom of a stairwell, where "strikes were exchanged and the complainant was grounded." The SIU director's report notes evidence that officers used multiple punches and knee strikes against the man, including a punch to the face, while the man himself punched and kicked at officers, striking one in the face.
It was during this melee that the man sustained a broken nose. Martino wrote that the force used by police was a response to the man's active resistance and was within the bounds of what was legally justified to subdue him and complete the arrest.
With Martino's finding that there is "no basis" for criminal charges, the SIU has closed its file on the incident.
The Special Investigations Unit is an independent civilian agency that investigates incidents involving police in Ontario that result in serious injury, death, allegations of sexual assault, or the discharge of a firearm at a person.
