Ontario’s police watchdog has cleared two London police officers of any wrongdoing in an arrest that left a 54-year-old man with a collapsed lung.
The Special Investigations Unit was notified about the incident in February of last year, three months after the man was arrested for trying to run down another person during a dispute about a boat.
London police were called to a home in the city after a man parked his boat in the driveway of a house he co-owned with another man around 6:40pm on October 8. The other man had become angry the boat was blocking the entrance to the home. Officers told the men they could not intervene as it was a civil matter. As they walked back to their cruisers they saw the man who had parked the boat drink two bottles of an alcoholic beverage while sitting in his truck. One of the officers told the man not to drink and drive. The man responded by yelling at the officers.
During this time, the other man took hold of the boat trailer hitch and began rocking it back and forth, in an attempt to move it away from the doorway of the house. This enraged the boat owner who then revved his truck engine before speeding forward into the trailer hitch, lifting the truck and nearly hitting the other man and one of the officers, according to the SIU.
Police demanded the man get out of the truck. He did not comply and was still holding an alcoholic beverage when officers opened the door to the vehicle. They then reached into the truck and pulled the man out. During the arrest, the man was placed face down on the ground and both officers placed a knee on his back to hold him down while they handcuffed him.
The man complained his back hurt and was taken to hospital where an x-ray revealed his left lung had collapsed. He filed an Office of the Independent Police Review Director (OIPRD) complaint four days after his arrest.
Three investigators were assigned to the case. The SIU found the man's injury likely happened when the man was placed on the ground by officers.
"Regrettably, the complainant chose, after drinking alcohol and driving his truck aggressively towards his boat and [the other man], not to listen to the officers and did not exit his vehicle at their direction, prompting the officers to respond with what I am satisfied was legally justifiable force in the circumstances," said SIU Director Tony Loparco in his final report issued Friday.
Loparco also found the officers acted quickly to prevent a potentially extremely dangerous situation.
"Consequently, I am satisfied that the actions of the involved officers fell well within the limits prescribed by the criminal law. As a result, no charges will issue and this case will be closed," said Loparco.
Following the incident, the 54-year-old man was charged with dangerous operation of a motor vehicle. That charge was later changed to assault with a weapon and mischief over $5,000 for denying access to the home.
