A St. Thomas police officer who was accused of assaulting a wanted man during a September 2022 arrest has been found not guilty.
Ontario Court Justice Edward Graham announced his decision in Constable Sean James' assault trial on Thursday.
James was driving a police cruiser when he spotted a 29-year-old man who was wanted on multiple arrest warrants on September 1, 2022. The officer ordered the man to stop, but he instead took off on a bicycle. That prompted James to send his police dog, Axle, after the man. During that pursuit Axle was hit by a vehicle.
James and another officer ended up in a struggle on the ground with the man, who was alleged to have been resisting arrest. The man was later diagnosed with a fractured clavicle.
An investigation by the province's Special Investigations Unit that followed resulted in James being charged with one count of assault causing bodily harm in November 2022. That charge was later reduced to assault.
During the trial in December 2023 the court heard the wanted man's injury was not related to his arrest. This went against the Crown's theory that James had assaulted the man out of revenge for his police dog being injured during the arrest.
In his decision, Graham said James' use of force was reasonable and proportionate. He then dismissed the charge against James.
"I am pleased that this matter has concluded," St. Thomas Police Chief Marc Roskamp said in a statement issued on Friday. "Constable Sean James is a valued member of our police service and has remained on active duty as the STPS K9 Officer throughout these proceedings. Constable James and PSD Axle will continue to serve the residents of St. Thomas to the high levels they have become known for."
Roskamp went on to state that the service's executive leadership team will continue to support the professional actions of its officers who consistently face the "unprecedented challenges and increasingly confrontational and violent interactions" that have been happening throughout the city in recent years.