Officer Acted Lawfully in Hamilton Arrest of Man; No Charges to Issue
Case Number: 19-OCI-279
(26 June, 2020) ---
On November 21, 2019, a Hamilton Police Service officer received information that a 27-year-old man was in possession of a stolen truck. The officer located the truck in a parking lot of a residential building. When the man exited the building and attempted to gain access to the truck, the officer formed the necessary grounds to believe that the man was in possession of stolen property and he therefore had the necessary grounds to place him under arrest. During the course of arresting the man, the officer took him to the ground, resulting in the man sustaining a broken clavicle. The Director of the Special Investigations Unit, Joseph Martino, has determined the officer acted lawfully throughout the incident. Accordingly, there is no basis for proceeding with criminal charges and the file is closed.
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.
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Monica Hudon, firstname.lastname@example.org
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342