Police didn’t use unlawful force on suspect, SIU rules

Ontario’s Special Investigations Unit says there are no reasonable grounds to believe Niagara Regional Police officers committed a criminal offence during a Welland arrest in which a 51-year-old man suffered serious injuries earlier this year.

In a report Friday, SIU director Joseph Martino said police responded to a break and enter in progress at an address on Summit Avenue in Welland at 4:04 a.m. on June 21.

The report said a caller reported her mother’s estranged partner — the 51-year-old suspect — had been to the house and caused damage to property and personal injury. He was reportedly in possession of a hammer and had been seen with a firearm a few weeks earlier.

The suspect had reportedly become violent when asked to leave the home, assaulting a complainant witness and damaging potted plants in the yard before fleeing on foot.

Police officers, witnesses and complainants are not named in SIU documents. The report said there were two subject officers in the investigation, four witness officers, a complainant witness and the complainant — the 51-year-old man.

The first subject officer was interviewed by the SIU but did not submit their notes, while the second witness officer declined to be interviewed or provide notes. Officers have the legal right to both decline an interview or hand over notes.

All four witness officers were interviewed by SIU investigators, as was the suspect. The complainant witness refused to be interviewed.

“Multiple officers responded to the area and a perimeter was established to contain the complainant. A police canine unit, consisting of witness officer No. 4 and his dog, were deployed to assist in tracking the complainant,” the report said.

Officers set up a perimeter in the area for the next three hours. The man was eventually spotted going into a Raymond Street residence under renovation, where he hid behind a balcony door on the second floor.

The first subject officer entered the home, and Martino’s report said there was disagreement in the evidence as to what happened next.

“According to some evidence, the complainant rose to meet subject officer No. 1 upon being located and was quickly held in the neck area by subject officer No. 1 with the use of a baton or flashlight before being thrown to the floor,” it read. “With the complainant on the floor and not resisting, subject officer No. 1 punched him in the face and then slammed his head into the floor.

“It was at this time, according to this evidence, that a second officer — subject officer No. 2 — entered the room and jumped on the complainant’s back, breaking his ribs. Additional punches to the face and kicks to the body were delivered by one or both of the officers before his hands were handcuffed behind his back. Following his arrest, the complainant was taken to hospital and treated for multiple facial lacerations and several rib fractures,” the report said.

Police, in their version of events, said the complainant immediately resisted arrest upon being located and confronted by subject officer No. 1.

He reportedly yanked his right arm free from subject officer No. 1, who had taken hold of him, and then travelled toward the stairs to make his way to the main floor.

“According to subject officer No. 1, before the complainant reached the stairway, he grabbed hold of his left arm and used his right leg to trip him to the floor. The complainant landed face and front first and immediately started rolling on the floor to get away from subject officer No. 1.

“Subject officer No. 1 delivered a right-handed strike to the left side of the complainant’s face, which he followed with a lefthanded strike to the right side of the complainant’s face when he continued to resist by flailing on the floor to keep the officer at bay.

“About a minute into the struggle, subject officer No. 1 was joined by subject officer No. 2 and then witness officer No. 2, who assisted in subduing the complainant.

“Following a knee strike by subject officer No. 1 into the complainant’s chest as the latter was prone on the floor and still struggling, the officers were able to wrest control of the complainant’s arms and handcuff them.”

Martino said based on all the evidence presented by police and the complainant, he was unable to “reasonably conclude the man was subjected to unlawful force.”