Ontario’s Special Investigations Unit has concluded that there are no grounds to charge a Windsor police officer who broke a man’s arm during an arrest in October.
SIU director Ian Scott said that after reviewing the case, he has determined the officer in question had the lawful authority to use “reasonable force” against the arrest subject.
“Given the man’s non-compliance during the arrest, I am of the view that the force used was not excessive, notwithstanding the serious injury he sustained,” Scott said in a press release.
The incident left the 27-year-old arrest subject with a spiral fracture on his right arm.
It happened on the night of Oct. 12 just outside Windsor police headquarters on Goyeau Street.
According to SIU, the man was “causing a disturbance” in front of the building around 10 p.m.
A female officer came out to talk to the man, and he began “screaming obscenities” at her.
Three more officers came out of the building and “attempted to calm the man down.”
SIU said the man then dropped his pants and exposed himself to the female officer.
At that point, the officers “grabbed him” with the intention of arresting him on the charges of causing a disturbance and performing an indecent act.
One officer seized the man’s right arm. According to SIU, the man refused to comply and resisted by raising his hand above his head.
“The subject officer eventually managed to bring the man’s hand behind his back for handcuffing,” SIU stated in its release.
Later, after the man complained of a sore elbow, he was taken to Hotel Dieu Grace Hospital for examination and the fracture was discovered.
SIU said it assigned three investigators to probe the incident, and interviews were conducted with five witness officers and three civilian witnesses.
The officer who broke the man’s arm provided his notes and the arrest report to SIU, but refused to be interviewed — which is within his legal rights.
The SIU is an arm’s-length civilian agency tasked with investigating police when officers are involved in an incident resulting in death, serious injury or allegations of sexual assault.
Windsor police chief Al Frederick said he’ll be personally reviewing the circumstances, but the officer in question has been cleared of any criminality.
“It’s not over yet,” Frederick said. “It’s the chief’s responsibility to now determine if there were any policy breaches or conduct issues in relation to that incident.”
However, Frederick added that he doesn’t anticipate there will be misconduct charges.
Frederick said the officer can’t be publicly named, as no charges have been laid. “That’s the legislation,” the chief said. “That’s why the SIU is not identifying him either.”
Asked if he has any concern about how the incident reflects on the image of Windsor police, Frederick said he trusts the public will understand.
“Officers are authorized by law to use force,” Frederick said. “On occasion, people will be injured as a result of police action.”
Frederick said he thinks the community realizes that arrest subjects “are not always compliant. And at times, people do get hurt. That’s the nature of policing.”
