Niagara cop cleared in 2017 arrest, says SIU

Man suffered hip injury in Thorold incident

No criminal charges will be laid against a Niagara Regional Police officer in relation to an arrest last year during which a 49-year-man suffered a fractured hip, the province’s Special Investigations Unit said Monday.

The SIU’s report on the incident said on Feb. 6, 2017, officers responded to a man reported to be asleep at the wheel of a vehicle, with music playing loudly, at a Thorold residence.

It said two officers — a subject officer and a witness officer — found the man in the driver’s seat, with the keys in the ignition and a strong odour of alcohol coming from the inside. The man — identified as the complainant in the report — was advised he was under arrest for having care and control of a motor vehicle while impaired, and asked to step out of the car but refused.

“Concerned about a physical confrontation, the subject officer removed his conducted-energy weapon (CEW) from its holster and illuminated the red-dotlaser-sight on the complainant’s chest. The complainant got out of his car with his fists clenched and hands raised up to chest height.”

The report said a struggle took place when both the subject officer, the officer under investigation and a witness officer grabbed the man’s arms. Once the man was taken the ground, the report said he still had his fists clenched, stretched out above his head and tried to push himself off the ground.

“The subject officer engaged his CEW and administered a drive stun to the complainant’s mid-lower back. The complainant became more agitated and continued his attempts to get up. The subject officer then delivered several knee-strikes to the left rib/armpit area of the complainant’s body while the witness officer kneed the complainant several times in the right thigh.”

The man was taken to hospital after complaining of pain to his hip at the police station. He was diagnosed with a fractured left hip.

During the investigation, the SIU said it interviewed four civilian witnesses and two witness officers. Notes were also obtained from five witness officers, the report said, and added the subject officer voluntarily provided an interview and a copy of his notes.

SIU director Tony Loparco said in his report that he was satisfied the involved officers had the authority to arrest the man and that there was no use of excessive force. He also based his findings on reports from the civilians who witnessed the incident and contradicted what the complainant said.