Special Investigations Unit clears officers in wake of arrest

Director believes force used by Waterloo Region cops was not excessive under the circumstances

WATERLOO — The province’s Special Investigations Unit has cleared Waterloo Regional Police of any wrongdoing after a man fought with officers trying to arrest him, and was later diagnosed with a broken nose and fractured orbital bone.

The incident occurred in July 2020 when officers went to a Waterloo apartment to investigate reports that a woman was bloodied and in distress. The SIU report said that after another woman answered the door, police saw evidence of a violent disturbance and entered the unit.

The report said they were met by a naked man, covered in blood, who confronted them and demanded they leave. The belligerent man resisted arrest, punching, kicking and biting officers. One officer punched the man three times in the head as he bit another officer. Police used a conducted energy weapon twice during the arrest, and eventually managed to handcuff the man after additional officers arrived.

The man was taken to hospital, where his injuries were diagnosed. The report said several guns were found in the residence.

SIU director Joseph Martino concluded that officers were “duty bound” to enter the apartment, given the nature of the call and what they’d observed on arriving.

“I accept that the officers used a significant amount of force in arresting the Complainant, but I am also satisfied on reasonable grounds that said force was not excessive in the circumstances,” Martino wrote. “By all accounts, the Complainant violently resisted his arrest, punching and kicking at the officers repeatedly,” Martino said in his report.

Martino also noted the “distinct possibility” that one or more of the man’s injuries were caused in the initial altercation with the female victim, as officers said his left eye was swollen shut when they first arrived.

“Be that as it may, as I am satisfied that there is insufficient evidence to reasonably believe the officers acted other than lawfully during the encounter in question, there is no basis for proceeding with criminal charges.”

The Special Investigations Unit is a civilian body that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault.