The Special Investigations Unit (SIU) has determined criminal charges are not warranted against Barrie police officers after a knife-wielding man was tasered and suffered facial fractures on New Year's Day.
Shortly before 4 p.m. on Jan. 1, Barrie officers were dispatched to investigate a reported domestic incident at a home on Cygnus Crescent, near Ardagh Road and Mapleton Avenue in the city's south end.
The man was refusing to leave his girlfriend's home and her friend called 911 at 3:07 p.m., fearing for the woman's safety, the SIU says in its report.
Two officers entered the residence and located a 45-year-old man, who had been drinking, lying on a bed and "pretending to be asleep," according to the SIU report. On his hip, affixed to his belt, was a leather sheath containing a knife with a long blade, approximately 25 to 30 centimetres in length.
When the shirtless man did not respond to the officers, the SIU says they exited the home and called for back-up.
Four officers then entered the residence with their tasers drawn and tried to wake the man in the second-floor bedroom. One of the officers used his baton to nudge the man in the buttocks, "at which time he pulled the knife and became confrontational with police officers." He raised the knife over his head with his right hand, swinging the weapon in the officers' direction.
Three of the officers discharged their conducted energy weapons for five seconds, but the action was deemed "ineffective."
"One of the police officers went hands-on and delivered several blows to the complainant’s face. The police officer was able to take him into custody," the SIU says.
However, there is a discrepancy noted in the incident narrative about whether the officer's hand was empty or still holding the taser at the moment the man was punched.
The man dropped the knife and was apprehended after a period of struggle. He was taken to the Royal Victoria Regional Health Centre (RVH) where he was diagnosed with a fractured orbital bone and nose.
He was charged with weapons dangerous and assault with a weapon.
Three SIU investigators were assigned to the case. The man was interviewed on Jan. 5 and his medical records were reviewed. Four civilian witnesses were also interviewed between Jan. 5 and Feb. 3. The subject officer was interviewed Feb. 5, as well as five witness officers between Jan. 16 and March 8. There were delays in the interview process, the SIU says, because one of the officers had been on leave.
SIU director Joseph Martino has determined there are no reasonable grounds to believe that an arresting officer committed a criminal offence in connection with the man’s arrest.
"On my assessment of the evidence, there are no reasonable grounds to believe that the (subject officer) committed a criminal offence in connection with the (man's) arrest and injuries," said Martino, who determined that such force was "reasonably necessary" due to the "lethal threat."
When the man pulled the knife, "at that moment, the officers’ lives were at immediate risk of death or grievous bodily harm," Martino added.
The SIU is an arm's-length agency that investigates incidents involving police where there has been a death, a serious injury, discharge of a firearm at a person, or an allegation of sexual assault.
To read the full SIU report, click here.
