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Officer cleared in 2015 incident

Report: Suspect's injuries not caused by police

By Graeme McNaughton/The Oshawa Express

An investigation has cleared Durham police of any wrongdoing after an incident that saw a suspect with a broken sinus.

According to a report presented at the Durham Police Services Board meeting on Monday, police were called to an Oshawa apartment for a noise complaint. There, they spoke with two male occupants, as well as a group of youths who were at the apartment for alcohol and drugs, and quickly learned a fight had broken out between the two groups. As a result, one of the occupants sustained a broken sinus.

The two occupants would not provide information to the police, so officers left after advising them about the noise. However, once back at Central East Division, a background check of the occupants revealed that one of them was wanted on an outstanding warrant.

Back at the apartment, officers found the suspect on a balcony, where he had climbed over the railing while pleading with officers not to arrest him. The officers were able to talk the man back over the railing, where he was then arrested without incident. The suspect was taken to Central East Division, where he remained in the cells until morning.

After a brief court appearance the following day, the male was taken to hospital to be treated for his injuries. As a result of this injury, the Special Investigations Unit (SIU) – the civilian body tasked with investigating cases where a civilian is hurt or killed during police business – said it was stepping in to investigate.

According to its report, SIU investigators concluded that the injuries were not the result of the police.

“It is apparent on this record that the officer ‘applied minimal if any force in the course of (the injured male’s) lawful arrest, and that he neither caused nor contributed to (the injured male’s) facial injuries,” the report reads.

Dave Selby, a spokesperson for Durham police, declined to comment on this case, telling The Oshawa Express that it is against DRPS policy to comment on any SIU investigations.