Greater Sudbury police have been cleared by the province's police watchdog in two incidents dating to September 2017, one in which someone died and another where a man was injured during his arrest.
The Special Investigation Unit (SIU) released detailed reports on each case this week, including witness interviews, photos from the scene and a timeline of each incident.
In the first case, Sudbury police received a call from a 36-year-old man who said someone had just tried to sexually assault him. Police responded and found him standing outside of a residence.
“The police officers noticed that the complainant’s behaviour was odd,” the investigation report says. “In due course, they checked his name on the police computer and discovered that the complainant had an outstanding arrest warrant for fraud related offences.”
At first, the man complied, but began resisting arrest as he neared the police cruiser, using racial epitaphs, the report says, “despite the fact they were Caucasian.
“The complainant kicked one of the police officers, as a result of which he was forced to the ground,” the report says. “The complainant continued to resist the police officers and received a cut to his forehead. He was taken to the hospital for treatment of the cut and received seven stitches.”
Video of his interview with police after his arrest showed him using his arms freely and without restrictions. The next morning, however, he complained of shoulder pain and was returned to hospital, where he was diagnosed with a broken shoulder.
The arresting officers declined to be interviewed for the investigation, or provide notes, as is their right under Ontario law. However, a “witness” police officer – one not considered to be involved in the injury, but who was on the scene — was interviewed, as was a civilian witness, who corroborated the sequence of events.
According to the civilian witness, the man became violent after he was handcuffed and police began searching him.
“At (that) point, he became violent and began pushing against them and twisting his body away from them,” the report says. “The (civilian witness) described the police as then gently guiding the complainant to the ground, while telling him to calm down and stop resisting.
“The witness described the demeanour of the police officers as stern but not loud, while she described the complainant as continuing to thrash about on the ground as a result of which he then hit his head against the curb.”
The man, however, claimed that police tazed him with a stun gun, then took out a sharp edged weapon and cut his head. The SIU concluded that wasn't true, accepting the evidence of the civilian and police witnesses.
But even if police had caused the injuries, the SIU report said, that wouldn't necessarily mean they had done anything wrong. Police are allowed to use as much force as necessary to take someone into custody, just not excessive force.
“Police actions should not be judged against a standard of perfection,” the report said. “It must be remembered that the police engage in dangerous and demanding work and often have to react quickly to emergencies.
“It appears clear on all of the reliable evidence that the police were as gentle with the complainant as was possible, while still attempting to restrain him and preventing him causing further injury either to himself or to the police officers.”
The second incident dates back to September 2017 in Whitefish. The investigation by four SIU investigators and two SIU forensic investigators concluded the 48-year-old man killed himself after arguing with family members. He owned several handguns, and despite his family's attempts to disarm him – locking him out of the house and calling police at one point – the man tried to break into the house.
“When the complainant was eventually successful in forcing his way into the residence, the family fled,” the report says. “Responding Greater Sudbury Police officers established a perimeter around the residence.”
A cellphone recording device was left on for several hours after the family fled, it emerged after the incident, recording the audio of the man's last hours.
“Examination of the (man's) cellphone by SIU investigators after the fact revealed that (he) had sent a text message to a close friend on the date of his death, indicating that he thought he might die that night, not due to the fault of anyone but himself, and that he was sorry and loved his friend,” the report says.
“The police officers, who responded to this crisis as quickly as they were able, cannot be held responsible for the (man’s) actions in fulfilling his intention to end his own life.”
@darrenmacd
