A Barrie police officer will not face any charges after an "out-of-control" man suffered a fractured arm during his January arrest. He went into a "rampage," launching himself onto the vehicle of his estranged partner who was picking up her daughter.
Special Investigations Unit (SIU) interim director Joseph Martino issued his ruling on Wednesday, noting police are shielded from criminal liability if the use of force is "reasonably necessary" during an arrest. Martino notes the man was "intoxicated" and had threatened a pair of civilians, while also damaging a vehicle.
"There were ample grounds for his arrest on any number of grounds, including public drunkenness, causing a disturbance and mischief," said Martino, adding the level of force used was justified.
The SIU was notified shortly before 11 p.m. on Jan. 26, 2019.
About three hours earlier, Barrie police responded to an address on Raymond Crescent in the city's south end, near Yonge Street and Madelaine Drive, for a family dispute.
According to the SIU, the man leapt onto the vehicle to prevent family members from leaving. Responding officers tasered and fought with the the man, who was taken to Royal Victoria Regional Health Centre (RVH) where he was diagnosed with a broken arm.
The evidence also included a pair of 911 calls, the first coming at 6:35 p.m. from a civilian witness asking police to check on the wellbeing of the man's daughter, who was in his care. That call was initially cancelled after the girl called her mother asking to be picked up.
An hour later, there was a second 911 call indicating the man was damaging the woman's vehicle, which had three children inside.
At 7:38 p.m., two Barrie police officers were dispatched to Raymond Crescent.
"The mother has come to pick up the girl and the father is causing problems," says a transcribed communication from the dispatcher. "He jumped on the hood of her car while she was trying to drive away. He is now trying to light the tires on fire with a lighter and has hold of the windshield wiper."
At 7:41 p.m., the dispatcher informs officers that a white Honda CRV was trying to drive away, but the man had "launched" himself onto the vehicle and was hanging on, banging on the windshield.
Moments later, police arrive on scene. The officer parked his vehicle behind the Honda, which had come to a stop along the curb. He exited the cruiser and confronted the man, "who was lying face down on the hood of the Honda."
The SIU says the man came off and approached the officer. He had his left hand in his left front jeans pocket and refused to remove it when asked to by the officer, who then pointed his taser in the man's direction.
"When he was within arm’s reach, the (officer) grabbed the (man) by the collar and pinned him against the hood of his cruiser," the SIU states. "The (man) continued to refuse to reveal his left hand and was able to lift himself off the cruiser’s hood and break free from the officer."
The officer chased after the man west along Raymond Crescent, discharging his taser twice, which proved ineffective due to the man's thick coat he was wearing. Information downloaded from the weapon showed it was deployed twice, at 7:46:19 p.m. for three seconds and at 7:46:42 p.m. for five seconds.
As the pair reached a driveway, the officer caught up to the man and tackled him to the ground.
"(He) resisted the officer’s efforts to control his arms and was met with two or three punches to the head, whereupon he surrendered his arms and was handcuffed by the officer," the SIU report says.
With the man in custody, the officer helped him off the ground and walked him to the police cruiser.
"During the short trip, the officer had occasion to knee the (man's) left leg as (he) tried to body check the officer," according to the SIU. "When back at the cruiser the (man) again tried to break free of the (officer's) hold; the officer swept his feet out from under him, causing both of them to fall to the ground."
Another officer had arrived on scene and approached the pair, who were on the ground.
The man was "trying to roll over, kicking his legs and feet," says the SIU report, at which point the second officer delivered a knee strike to the man's right thigh and assisted the first responding officer in lifting the man and walking him to the rear of the cruiser.
The man struggled with the officers as they attempted to place him in the cruiser, but eventually relented following a kick by the second officer to the back of his right calf.
Once inside the cruiser, the man complained he didn't feel well and was taken directly to hospital where his fractured arm was diagnosed and treated.
At 7:59 p.m., the officer tells dispatch the man is banging his head on the cruiser's partition.
Recordings taken later at the police station show the man's left arm in a sling. He is in "moderate discomfort," but "polite, calm and co-operative." He was in the booking area at 11:27 p.m., in the cell at 11:33 p.m., and released from custody on a promise to appear at 2:01 a.m.
Martino concluded the arm fracture likely occurred during one of the groundings.
"I am unable to reasonably conclude that the force used by the officers ran afoul of the latitude prescribed by the criminal law," said Martino, adding no charges would be laid and the case is closed.
To read the SIU's full report, click here.
The SIU is an arm's length agency that investigates incidents involving police officers where there has been a death, serious injury or allegations of sexual assault.
