SIU Concludes Custody Injury Investigation in London
Case Number: 11-OCI-081
Other News Releases Related to Case 11-OCI-081
Mississauga (27 June, 2011) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge any officers of the London Police Service (LPS) with a criminal offence in regards to the injuries sustained by a 70-year-old London woman in May of this year.
The SIU assigned three investigators and one forensic investigator to this investigation. The scene was examined, photographed and mapped. The area was canvassed for witnesses. Documents relating to the investigation were obtained from the LPS. Five LPS officers were designated as witness officers and one officer was designated as a subject officer. All of the officers were interviewed. Seven civilian witnesses were interviewed.
The SIU investigation determined that on May 16, 2011 two LPS officers went to a residence on Grosvenor Street, London on an investigation. The officers arrested a man for a criminal offence. While they were taking the man into custody, the woman, Yvonne Hulbert, interfered with the arrest. She was restrained by the subject officer who took her to the ground and handcuffed her. She sustained a fracture to an ankle.
Director Scott said, "In my view, there are no reasonable grounds to believe that the subject officer committed a criminal offence in relation to the injury sustained by Ms. Hulbert during the arrest of a man on May 16, 2011. On that day, the subject officer was dispatched to assist the witness officer with the arrest of the man for a criminal offence. The officers had the lawful authority to make the arrest and, in my view, Ms. Hulbert had no lawful reason to interfere with the arrest process. Accordingly, the subject officer had the authority to use force to apprehend Ms. Hulbert, Ms. Hulbert was not complying with the subject officer’s order to "let go" and to stop interfering with the arrest. Further, the subject officer was limited in his use of force options given the confined area and the age of the complainant."
Director Scott concluded, "In sum, I am of the view that the use of a bear hug and a grounding technique were reasonable uses of force in these unique circumstances. It is regrettable that a serious injury occurred as a result of the apprehension, but in my view the subject officer cannot be held criminally liable for this outcome."
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.
Frank Phillips, firstname.lastname@example.org
SIU Communications/Service des communications, UES
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