News Release
SIU Concludes Injuries Investigation in Kapuskasing
Case Number: 13-PCI-113
Mississauga (27 May, 2013) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge any Kapuskasing Ontario Provincial Police (OPP) officer with a criminal offence in relation to the injuries sustained by a 39-year-old male earlier this month.
The SIU assigned three investigators to probe the circumstances of this incident. As part of the investigation, three witness officers and six civilian witnesses were interviewed. Neither of the two subject officers provided a statement or duty notes to the SIU, as is their legal right.
The SIU investigation found that the following events took place on Thursday, May 2, 2013:
• At approximately 11:45 p.m., the two subject officers and a witness officer responded to an assault call which took them to an apartment building at 16 O’Brien Street.
• Outside the apartment building, the officers saw the 39-year-old man and a woman in a nearby alleyway. The subject officers ran into the alleyway. The woman was lying motionless, and officers yelled at the man to get down on the ground. The man did not comply, and one of the subject officers pushed him to the ground. Both officers got on top of him. He continued to resist as he was handcuffed.
• The man was lodged in the cells at the local OPP detachment where he complained of pain in his rib area. He was transported to the Sensenbrenner Hospital where he was diagnosed as sustaining a fracture of one and perhaps two of his left ribs.
Director Scott said, “The subject officers had the lawful authority to arrest the man for assault – they received information that he was involved in a domestic assault and saw a woman on the ground close to him. Given his level of resistance and noncompliance during the arrest, I am of the view that the force used was not excessive, even though it probably caused his rib fractures.”
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