A Greater Sudbury police officer has been cleared of any criminal charges by the Special Investigations Unit in connection with a fractured left knee suffered by a 38-year-old man in January.
Police responded to an incident at the downtown transit terminal on Jan. 4 where a man reportedly assaulted a transit security officer and a transit user. The man was taken into custody for trespassing and assault, said Joseph Martino, director, Special Investigations Unit, in his report.
During his arrest, the suspect struggled with the officers, and kicked at their vehicle. The officer responded by grounding the suspect and keeping him floored for a period of time.
The suspect was eventually brought to his feet and placed in another cruiser arriving at the scene. He was taken in that cruiser to the police station.
His hostility returned at the police station, prompting the police officers to again take him to the ground. In that position, the officers searched his person before lifting him to his feet and lodging him in a cell.
Shortly after that, the suspect complained of a sore knee, and he believed his leg was broken. Paramedics attended, and he was taken to Health Sciences North where he was diagnosed with a broken knee cap.
Even at the conclusion of the investigation, it is still unclear whether the injury was incurred by police or in his altercation with transit security, said Martino.
“Be that as it may, as I am satisfied that the (officer) comported himself lawfully throughout his engagement with the complainant, and there is no basis for proceeding with criminal charges against the officer.”
“I am further satisfied that the SO used only legally justified force in his dealings with the complainant.”
