Toronto cop found guilty of assault in cyclist’s rough arrest

TORONTO — A Toronto police officer has been found guilty of assault causing bodily harm after breaking a cyclist’s shoulder during a rough arrest.

Justice Susan Chapman found that Const. Douglas Holmes used excessive force when he shoved Oliver Santiago to the ground face first from behind after a traffic stop in downtown Toronto on Oct. 10, 2017.

“I find that PC Holmes was frustrated with Mr. Santiago for not immediately complying with his demands and that it was for this reason that he pushed him with considerable force from behind as he stood straddling his bike,” Chapman wrote in her decision, which was delivered last Friday.

Holmes and two other officers were working at the foot of Yonge Street by the water awaiting a protest around 5 p.m. that day.

He stopped Santiago who biked through the red light. Holmes asked Santiago three times for his identification, but the cyclist, who was now stopped straddling his bike beside the officer, was hesitant to do so and argumentative, court heard. After Santiago paused on the final ask for identification, Holmes moved to arrest him while putting a handcuff on one wrist. The officer walked behind him and at that point Santiago, while straddling his bike, moved one of his arms. Santiago testified he was reaching for his wallet to get his identification.

Holmes then shoved Santiago from behind. The officer testified he pushed Santiago with both hands “to create distance between me and him” to give himself space to “re-evaluate the situation.”

Santiago landed on the pavement face first, his helmet smashing off the interlocking brick. He broke his shoulder and his toe.

Then the officer pulled out Santiago’s wallet and wrote up the ticket. Santiago would later plead guilty to the offence and was fined $325. The incident lasted 66 seconds, the judge found.