News Release

No Charges Against Windsor Police Officers in Man’s Drug Overdose, Hospitalization

Case Number: 21-OCI-255   

Mississauga, ON (10 December, 2021) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that three Windsor Police Service officers committed a criminal offence in connection with a 51-year-old man’s drug overdose while lodged in a cell and subsequent hospitalization last August.

On August 12, 2021, the man was arrested, searched on two occasions, resulting in the seizure of various quantities of drugs, and lodged in a cell. While in the cell, unknown to the officers, the man ingested fentanyl that had been concealed in his buttocks. The man was later located in his cell in medical distress. Paramedics were called and officers attempted to resuscitate the man, including administering multiple doses of naloxone. He was taken to hospital.

Director Martino found that while those responsible for the man’s care might have been better advised to keep a closer watch and exercise greater precautions with respect to his care in custody, he was not satisfied that any indiscretions, weighed in the balance with the extenuating considerations, transgressed the limits of care prescribed by the criminal law.  Accordingly, the file has been closed.

Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision): 

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

Lisez ce communiqué en français.

Kristy Denette, siu.media@ontario.ca
SIU Communications/Service des communications, UES