SIU clears officers in arrest of mentally ill man with weapons

Ontario’s Special Investigations Unit has concluded there are no grounds to lay charges against any officer in relation to the arrest and injury of a mentally ill man who was carrying weapons in downtown Windsor.

In a report released to the public on Wednesday, the SIU concluded two Windsor police officers were “legally justified” in their apprehension of a man who was armed with knives on the evening of Dec. 22.

The 42-year-old arrest subject suffered a fractured clavicle when he was taken down with a “bear hug ” and handcuffed with his arms behind his back.

SIU interim director Joseph Martino wrote that “there are no reasonable grounds to believe that either of (the arresting officers) committed a criminal offence in connection with the complainant’s injury.”

Police were called to the downtown apartment building at 99 Chatham St. East by the man’s wife, who told them he was suffering from depression, had threatened her with violence and had access to knives.

While speaking with the woman, the officers saw the man exit the building, heading towards the intersection of University Avenue East and Goyeau Street.

The officers went outside and found the man on the sidewalk on the north side of University Avenue East. He had a baseball bat under his jacket.

The officers tried to get the man’s attention, but he didn’t respond and began walking in the direction of the nearby Burger King restaurant.

One officer then grabbed hold of the man from behind and took him to the ground, where both officers worked to handcuff him.

Along with the baseball bat, the man was found to have two knives concealed on his person.

In his review of the incident, Martino said he accepts that the two officers lawfully apprehended the man under the Mental Health Act.

As for the force that was used, Martino said the officer who did the “bear hug” believed immediate action was necessary due to the man potentially carrying weapons and heading towards a restaurant with people in it.

“As the complainant had just threatened his wife and was clearly of unsound mind at the time, the officer’s apprehensions were well-founded,” Martino wrote.

In accordance with policy, the SIU did not name any of the people involved in the incident.

Ontario’s Special Investigations Unit is an arm’s-length civilian agency empowered by the Police Services Act that looks into cases with police officers involving serious injury, death or allegations of sexual assault.