No charges for cop who grabbed crossing guard
York regional police say off-duty officer within right to detain guard after car hit with sign
After what York Regional Police calls a “lengthy and thorough investigation,” investigators have decided not to charge an off-duty Toronto police officer who detained and held a 70-year-old Markham crossing guard in an incident two weeks ago.
“I don’t know what to think about the whole thing,” said a perplexed Mohamed Hameed, the crossing guard who was grabbed by the off-duty officer.
The detainment occurred after Hameed struck a vehicle the off-duty cop was in with his stop sign, believing the vehicle infringed on the Markham intersection he was patrolling Oct. 9, just after 8 a.m.
Hameed said the off-duty officer “brutally” grabbed him.
York Regional Police investigators, in their report, didn’t feel charges were merited in the incident at Bur Oak Avenue and Williamson Road, near Mount Joy Public School.
At that time, Hameed, was helping children cross before school, as usual. He said he noticed a car “doing a rolling stop.”
No children were crossing the road on either side of the street, police said in their report.
“At no time was anyone walking or working in the area in any danger in regard to the location the vehicle came to a stop,” the police report reads.
It also states the off-duty officer had “the legal authority to make an arrest upon witnessing a criminal offence … which is within his authority to do.”
The YRP report released Oct. 22 said officers attended the scene, “observed the damage (made to the car by the stop sign), and continued the arrest begun by the off-duty officer. The suspect was taken into custody for the criminal offence of mischief.”
The report notes that after Hameed had a medical incident, “he was released unconditionally,” adding, “investigators consulted with the Crown, who determined that it was not in the public interest to proceed or prosecute in regards to the mischief, therefore no charges are being laid at this time.”
The report concludes “resolving the damage done to the vehicle will now be a civil matter as well as an employee/employer matter for the City of Markham to review.”
The whole incident leaves Hameed, who is continuing to work at the intersection, with more questions and concerns than answers.
“I think justice should be done,” he said. “There were no charges. Is this the right thing?”
Hameed added that in his opinion the “only support I got was from the media and the community here. I tried my best. For me, the children come first. I will do anything to protect the children.”