The province's police watchdog has determined no charges will be laid following an incident earlier this year where a Minesing man suffered a broken rib and bites from a police canine unit after being found hiding in the attic.
The Special Investigations Unit (SIU) identified one subject officer and seven witness officers as part of its probe into the case. Five officers were interviewed by the SIU, while the notes from two others were reviewed. The subject officer declined to be interviewed or provide notes, as is their legal right, the agency noted.
According to the SIU, Huronia West OPP officers responded to a Minesing home on March 30, 2019, after a woman called 911 reporting her 48-year-old husband had threatened to harm himself as well as kill her and their children.
The man's spouse called the OPP at 9:13 p.m. to report that he was "drunk" and had made threats.
The woman locked herself in the washroom, but the husband broke the door's lock, according to the SIU's report.
At 9:14 p.m., police officers were dispatched for a "barricaded persons call" and at 9:36 p.m., police units arrived on scene. At 9:40 p.m., a request was made for a canine unit.
From outside the home, one of the witness officers saw the man in the home's foyer "make an aggressive movement toward his wife," according to the SIU, adding the officer identified himself and demanded that the door be opened.
The man's wife opened the door, but he fled further into the residence.
Around this time, a member of the emergency response team (ERT) was on scene.
"Not knowing exactly what they were up against, the decision was made by the ERT officers to back out of the residence, remove the (man's) wife and her children to a safe location, and set up containment around the home," the SIU report says.
An officer advised dispatch that police had safely removed the caller and her kids from the residence. At 9:52 p.m., one of the witness officers advised that she had driven them out of the area.
The woman told police her husband had "a car full of gasoline which he would blow up with the kids inside," according to the SIU.
After the woman and kids were taken to safety, officers continued their attempts to make contact with the man.
At 10:36 p.m., a request was made to do a "ping" on man's telephone number as well as multiple phone calls and a bull horn.
At about 11:50 p.m., officers and a canine unit entered the home through the front entrance.
"The plan was to have the canine unit clear areas of the home in advance of the other officers entering to search for the (man)," the SIU report says.
The search party eventually made its way to a small, second-floor bathroom where a small hatch led into an attic.
"Looking in through the door, the officers could see the (man) lying on his back on insulation on the attic floor some metres away from them," the SIU says.
Officers told the man he was under arrest and directed him to approach the door. He eventually rose to his feet, but delayed in surrendering, according to the SIU.
One of the witness officers repeatedly indicated he would release the dog into the attic if the man did not come out, and then did so when his warnings went unheeded. The police canine latched onto the man's right arm, causing the man to fall on top of the dog.
One of the officers reached into the attic and managed to pull the man out onto the bathroom floor, at which point the dog released his arm and bit his lower right leg.
Shortly thereafter, the witness officer ordered the dog to release its grip on the man and focused his attention on controlling the dog while the other officers dealt with him.
There was a "brief but vigorous altercation" and the officers used force to deal with the man, "who was unco-operative" as they placed him in custody. The SIU says the man "flailed his body, kicked his legs and refused to give up his arms."
At that point, one of the witness officers kicked the man's right arm and punched him once in the shoulder. Another officer used a taser, with no effect, and punched him once in the back as the man continued to struggle. A third officer, who "arrived in the middle of the fracas," punched the man in the thigh and upper back.
"The (subject officer's) participation in the struggle remains unclear, the officer having exercised his legal right to silence, other than none of the other officers present in the bathroom saw him strike the complainant," the SIU says in its report. "The complainant was eventually dragged out of the bathroom into open space where the officers were able to wrestle control of his arms and restrain them in handcuffs. No further violence was exchanged between the parties."
The subject officer declined to be interviewed by the SIU or provide their notes, which is their legal right, the agency noted.
At 11:59 p.m., an ambulance was requested and an officer, "who was out of breath," advised that the man was in custody.
The man was taken to hospital for medical treatment.
The OPP reported the incident to the SIU the following morning at 8:20 a.m. The man was interviewed by the SIU and his medical records were obtained and reviewed.
SIU interim director Joseph Martino determined there were no reasonable grounds to lay criminal charges.
"There is some evidence that the complainant willingly surrendered to police upon being discovered, but was nevertheless subjected to needless attacks by the police dog, a (taser) discharge, and kicks to the ribs and face," Martino said in his report. "I am, however, unable to place much, if any, weight on this version of what occurred, particularly the suggestion of passivity."
Martino said the evidence "conflicts with the overriding weight of the countervailing evidence" provided by the witness officers, and adds the man displayed a "hostile and violent posture" against his wife and children moments before police arrived.
By the time the police dog had been released into the attic, Martino said there was "good cause" to believe the man would not surrender peacefully and the use of force was justified.
The SIU investigates the police in cases where there has been a death, serious injury or allegations of sexual assault.
