News Release
SIU Concludes Injury Investigation in Windsor
Case Number: 12-OCI-296
Mississauga (6 December, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Windsor Police Service (WPS) officer with any criminal offence in relation to the injury sustained by a 27-year-old man in October of 2012.
The SIU assigned three investigators to probe the circumstances of this incident. As part of the investigation, five witness officers and three civilian witnesses were interviewed. The subject officer provided his notes and a narrative report to the SIU, but declined to be interviewed as is his legal right.
The SIU investigation found that the following events took place on Friday, October 12:
• At approximately 10 p.m., a WPS officer exited the police headquarters located at 150 Goyeau Street to speak with a male who was causing a disturbance in front of the building. The man began screaming obscenities at the female officer.
• The subject officer and two other officers who were inside the building came out to assist. The officers attempted to calm the man down. However, at one point, he dropped his pants to the ground and exposed himself to the female officer. The officers grabbed him in an attempt to arrest him presumably for causing a disturbance and performing an indecent act. The subject officer took hold of the complainant’s right hand but the man continued to be noncompliant and placed his hand above his head. The subject officer eventually managed to bring the man’s hand behind his back for handcuffing.
• Once inside the police station, the man complained of a sore elbow. He was taken to Hotel Dieu Grace Hospital where he was diagnosed and treated for a spiral fracture to the right arm.
Director Scott said, “The subject officer had the lawful authority to assist in the arrest of the complainant because the officer found him committing the alleged offences of causing a disturbance and performing an indecent act. The officer then had the lawful authority to use reasonable force to effect the arrest. Given the man’s noncompliance during the arrest, I am of the view that the force used was not excessive notwithstanding the serious injury he sustained.”
The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations