Ontario's police watchdog has cleared two OPP officers of any wrongdoing after a 49-year-old man was seriously injured during an arrest in Petrolia in late 2022.
The Special Investigations Unit (SIU) released its findings on Tuesday of an arrest carried out on December 10, 2022.
As stated in the report, officers were conducting a RIDE (Reduced Impaired Driving Everywhere) program on Petrolia Line when an approaching vehicle made a U-turn. Officers then conducted a traffic stop on First Avenue and Pearl Street.
OPP said the driver was unlicensed and the passenger (the complainant in this case) allegedly lied about his name and was found to be in breach of a court order.
The SIU's report said the complainant initially put up his arms as if to surrender but became "assaultive" which resulted in himself and an officer being tackled to the ground.
"The struggle continued on the ground. With [Subject Official #1] on his back, the Complainant attempted to get up – he bucked and thrashed trying to free himself," read the report. "[Subject Official #2], who was beside the Complainant on the ground, punched him several times in the head area. SO #1 delivered several knees to the Complainant’s upper thighs. The Complainant continued to resist the officers and was met with several more punches, this time delivered by SO #1 to the back and waist area, after which the officers handcuffed him."
The accused was later taken to Bluewater Health in Sarnia where he was diagnosed with "an orbital blow-out fracture and an un-displaced nasal fracture."
SIU Director Joseph Martino said he was unable to reasonably conclude that the force used during the arrest was excessive and not legally justified.
The director's analysis also said there were concerns about the possession of additional weapons after a knife fell from the complainant during the tackle.
"While I accept that the Complainant’s injuries were incurred in the course of the altercation that marked his arrest, there are no reasonable grounds to believe they are attributable to unlawful conduct on the part of the subject officials," read the director's decision. "As such, there is no basis for proceeding with criminal charges in this case."
Evidence collected by the SIU included an arrest report, notes from one of the officers, medical records, and communication recordings from the OPP.
The SIU is an independent government agency that investigates the conduct of officials and all investigations are conducted by SIU investigators who are civilians.
