Officer faces assault charge after incident in October
Ontario’s police watchdog has charged a Toronto police officer with assault, following an arrest about four months ago.
The Special Investigations Unit Director Tony Loparco said there are “reasonable grounds” to believe the officer “committed a criminal offence” after a 44-year-old man suffered a serious injury during an arrest at about 5 p.m. on Oct.10, 2017, according to a media release.
The officer observed the man on a bike, allegedly running a red light near Queens Quay and Yonge St., the SIU said.
The man was arrested and later sent to hospital. The police oversight agency refused to provide further information on the case, providing as its reason the fact that the matter is before the courts.
Following the SIU investigation, Const. Douglas Jason Holmes has been charged with assault causing bodily harm.
Holmes is expected to appear in court on Feb. 14.
Toronto police spokesperson Mark Pugash told the Star that Holmes is suspended with pay.
In an unrelated appearance in front of the tribunal in May 2012, Holmes was found guilty of “discreditable conduct” after he posted a Facebook profile picture of a police officer holding a baton with a caption, “I’m gonna kick your ass and get away with it,” according to the hearing decision.
The photo was on his Facebook profile from May to August 2010.
“The posting of such a message by a serving police officer, without any explanation whatsoever, would diminish the reputation of the Service in the eyes of an average member of the public,” Supt. Robin Breen stated in his decision.
According to the document, the image in question was created by American graphic artist Shepard Fairey in the context of artistic and political riots of 1968.
Holmes testified the artist’s message was that the police and the government have too much power. He said the image should have been understood ironically, not taken literally. But Supt. Breen stated that the public can’t reasonable be expected to ignore the literal message of the poster.
He forfeited eight hours — or a day’s work – of pay, said Pugash.
In a third incident, Holmes, who has been a member of Toronto police since 2003, was initially facing two counts of discreditable conduct for an altercation in a bar in May 2010. According to the tribunal, Holmes was off duty in the Triple Crown Bar and Grille, near Lawrence Ave. E. and Victoria Park Ave.
It was alleged that Holmes assaulted Ryan Flaherty, 22, of Toronto by “striking him in the throat and scratching him.” During an earlier proceeding in 2011, the prosecution requested the charge to be dismissed following an assessment of the reliability of Flaherty, who was the only available witness to the incident.
Flaherty was also the person who notified the tribunal about Holmes’ Facebook profile picture. According to the tribunal, Flaherty testified he became aware of the photo prior to his altercation with Holmes.
Supt. Breen stated Holmes may have been found guilty of misconduct for his off-duty altercation in posting the picture if the reputation of Toronto police was jeopardized.
The SIU investigates all instances of death, serious injury or allegations of sexual assault involving police. With files from Bryann Aguilar
The constable is suspended with pay while under arrest and will appear in court Feb. 14