No Criminal Wrongdoing in Case where Toronto Officer Fired Taser Multiple Times
Case Number: 16-TCI-009
Other News Releases Related to Case 16-TCI-009
- At approximately 8:40 a.m. on January 11, 2016, a tenant living in a basement apartment called 911 saying there was a break-and-enter on the main floor. The tenant said the occupant of the main floor was supposed to be away. Members of the Toronto Police Service were dispatched to the residence which was located in the area of Kennedy Road and Malta Street.
- Two of the officers entered the house through the side door, which had been unlocked. As they moved through the main floor, they came upon a 37-year-old man. The man opened the front door of the house to leave, but saw other officers who were situated outside of the front door. The man threw one of his legs over the iron railing attached to the porch. When two of the officers grabbed him, the man started to yell and pull away from the officers. During the course of the struggle, the railing broke off and the man fell onto the cement porch. The two officers landed on top of him. The man continued to fight, and ignored multiple demands that he stop resisting the efforts of police and place his hands behind his back. Sometime during this struggle, one of the officers hurt her wrist. While fighting to get hold of the man’s left arm, another officer slipped on the icy porch and fell off. The struggle continued as the man attempted to resist the officers.
- The subject officer approached the struggle on the porch and took a position near the man’s feet. The man continued to thrash his arm and legs, and was not responding to the police commands to desist. The subject officer removed his CEW from its holster and announced that he would use it if the man continued to resist. As the man continued to struggle, the officer yelled “Taser, Taser, Taser” and fired the weapon. The CEW probes latched onto the man, but the discharge appeared to have no effect. The man managed to persist in his struggle and rip the prongs out, leading the subject officer to load a new cartridge and fire again. This time, the man went rigid. However, as soon as the discharge ceased, the man resumed his physical struggle. The subject officer cycled another charge on the CEW and the man’s body locked up again. This time the man said words to the effect of “OK – I give up”, and complied with the arrest process.
- Police witnesses at the scene noted, following the arrest, that the man had sustained a number of abrasions on the left side of his face, specifically below his left eye, above his left eyebrow and near the upper left corner of his hairline.
- After the man was handcuffed and taken into custody, paramedics arrived on scene to remove the CEW prongs.
- While in a cell, the man began seizing. He was taken to hospital for medical examination, at which time it was found he had a fractured left maxillary sinus.
The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must
- consider whether an officer has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
- report the results of any investigations to the Attorney General.
Monica Hudon, email@example.com
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342