Suspect’s injuries not result of excessive force: SIU

There are no grounds to criminally charge Windsor police in relation to an arrest in which the suspect suffered three fractured ribs and complained of being struck while in handcuffs, says the province’s Special Investigations Unit.

On Thursday, SIU released its findings on an arrest that happened May 7, 2019.

An adult male suspect — Jamie Bernier — was the subject of a property crimes investigation.

He had rammed police vehicles while fleeing arrest the previous day, and police had information that he was potentially carrying a firearm.

The 27-year-old suspect was eventually located in the 1200 block of Demarse Court in Tecumseh. Police knew he was sleeping in a parked SUV with stolen licence plates.

Multiple officers moved in to apprehend the suspect. The doors were locked, so they broke a window to get to him — which woke him up.

The suspect then put the SUV in reverse, colliding with a police vehicle and nearly striking an officer.

Next, the suspect accelerated forward, driving through residential yards before abandoning the vehicle and taking off on foot.

A short time later, officers found the man at a gas station at Tecumseh Road East and Manning Road.

Police converged on him, but the suspect continued to struggle against them. The arresting officers delivered several punches to the man’s body and two to his face while they tried to secure him in handcuffs.

Once apprehended, the man was brought to the police station for booking, then taken to hospital for treatment.

He was found to have “minimally displaced” fractures on three ribs on the right side of his body.

Bernier was charged with numerous offences, including theft, possession of stolen property, dangerous driving, escaping lawful custody, failing to stop for police, and possession of methamphetamine.

The initial complaint against police was filed by the suspect’s father.

When the professional standards branch interviewed the suspect, he alleged that he was assaulted during the arrest and also in the prisoner transport van, while he was cuffed.

SIU’S review of the police station’s CCTV recordings found that the suspect “moaned and appeared to be in discomfort” during his booking process.

He also complained at the time that he “could not breathe while being arrested” and his left leg felt “really messed up.”

SIU director Joseph Martino wrote that the case has suggestions of “a far more severe application of force by police” than the arrest report shows.

However, Martino said the evidence of such force is unreliable, and also belied by the suspect’s “violent and reckless behaviour” in the events leading up to his arrest — including “wanton disregard for the health and safety of persons around him” and an “escape at all costs” mindset.

A video from the prisoner transport van showed no misconduct on the part of officers.

Martino wrote that he is “satisfied, based on the weight of the reliable evidence, that the officers did not cross the line.”