SIU clears Hamilton cop in Duke Street incident

Agency says man was author of his own misfortune when he jumped fence and fell, injuring his spine

Ontario’s police watchdog has concluded its investigation into an incident involving Hamilton police that left a 23-year-old man with a fractured spine and will not be charging the officer.

Ian Scott, director of the Special Investigations Unit, said the officer “did nothing wrong,” adding that the man was attempting to elude police and was “the author of his own misfortune.”

The incident took place on Duke Street during the evening of Nov. 17.

The SIU investigation found that two Hamilton police officers were parked at a recreation centre, completing paperwork on another case when a man drove into the driveway and then immediately turned around and drove away.

One of the officers followed the car, which stopped at an apartment building at 265 Duke St. The SIU said the man exited his car and ran.

While the officer was looking for the man, the 23-year-old jumped over a fence and fell down a 6.5-metre drop on the other side. He was taken to the Hamilton General Hospital where tests revealed he had three fractures to his spine.

The SIU said the young man may have been in breach of a curfew from bail conditions at the time.

... the 23-year-old jumped over a fence and fell down a 6.5-metre drop on the other side.

The SIU investigates all instances involving police in Ontario where someone is seriously injured or killed, or if there are allegations of sexual assault.

Four investigators and two forensic investigators were assigned to the case. They interviewed three witness officers and three civilian witnesses.