SIU clears Durham cop
Male sustained broken ribs during arrest; report finds officer did not use excessive force
By Graeme McNaughton/The Oshawa Express
A Durham police officer has been cleared of any wrongdoing following an incident that saw a man placed under arrest had his ribs broken.
In a report presented at the latest meeting of the Durham Regional Police Services Board, the Special Investigations Unit – the civilian agency that investigates police actions that cause a member of the public to be injured – determined that the tactics used were “lawful and the force employed against him was not excessive.”
According to the report, police responded to a head-on collision in the north end of Oshawa on Aug. 9, 2015.
The crash, which saw the vehicles’ occupants sustain serious injuries, attracted a crowd, with some getting close to one of the cars. After being asked by the fire captain on scene, police asked the crowd to move back for safety reasons.
It was at this time that a male moved toward the officer who asked him to move back, with the report stating the officer believed “that the complainant wanted to fight him.” While the complainant was pulled away from the scene, he soon returned and was seen “yelling obscenities at the injured drivers about their driving.”
Again, the officer approached the complainant, telling him he needed to go home as he was causing a disruption.
“The officer grabbed the complainant’s right arm and advised him that he needed to leave the area or he would be arrested,” the report states.
“The complainant threatened to strike the officer. The complainant clenched his fist, giving the officer the impression that he was going to swing at him.”
It was at this time, the report states, that the male through a punch at the officer’s head. However, the officer was able to deflect the blow and put the male into a headlock, taking him to the ground.
Two responding officers used “empty hand techniques and knee strikes” in order to get the man to let go of the officer, at which point he was arrested.
According to the report, the complainant suffered broken ribs as a result of the arrest.
However, the SIU cleared the officer of any wrongdoing, despite the injuries.
“While his injuries are significant, they are the result of a physical struggle precipitated by his boorish behaviour and defiance of lawful direction,” writes Tony Loparco, the director of SIU.
“For the foregoing reasons, no charges will issue.”
Dave Selby, a spokesperson for DRPS, says the force would not comment for this story as it typically does not comment on SIU investigations.