Ontario’s Special Investigations Unit (SIU) has found no reasonable grounds to believe that a Greater Sudbury Police Service officer committed a criminal offence in connection with a broken nose suffered by a 41-year-old man in May.
In the evening of May 28, officers were called to a residence in Worthington for a wellness check.
The man, who was in mental health distress, had attended at his parents’ residence and began to behave erratically, at one point engaging in a minor physical scuffle with his stepfather. Concerned for his well-being, the man’s stepfather contacted police.
Police found the man outside beside his van, upset and yelling incoherently. He variously accused the officers of being aliens and the devil.
Officers tried to speak with the man to calm him down, without avail, and then attempted to apprehend the man under the Mental Health Act.
The man entered the van and kicked at one of the officer’s shields.
Two different officers discharged their Conducted Energy Weapons (CEWs) at the man three times. Officers pulled the man out of the van and onto the ground.
The man spat at one of the officers, who punched him in the face. He was handcuffed. Police took the man to hospital where he was held for examination under the Mental Health Act and diagnosed with nasal fractures.
SIU director Joseph Martino accepted that while the subject official was likely to have broken the man’s nose, he was not satisfied that the injury was attributable to any unlawful conduct on the part of the officer.
As such, there was no basis for proceeding with criminal charges in this case, said the SIU, and the file has been closed.
Martino said in his report that he was “unable to reasonably conclude” that the punch delivered by the officer was excessive.
“Having just been spit at, (the officer) was entitled to quickly deter the prospect of further assault by the complainant,” he said.
“In the result, while I accept that the (officer) is likely to have broken the complainant’s nose, I am not satisfied that the injury is attributable to any unlawful conduct on the part of the officer. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.”
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.
