Northern Ont. police cleared in arrest that left man with serious injuries

Using the stun gun five times on the Thunder Bay suspect just seemed to make him angry, the Special Investigations Unit said. (File)

Police in Thunder Bay who entered a drug den in February have been cleared of wrongdoing after a suspect they arrested was left with serious head and other injuries.

Ontario’s Special Investigations Unit said the suspect violently resisted arrest and five attempts by police to use a stun gun on him only “seemed to anger him further.”

The incident began when police entered an apartment building on Arthur Street East in the community after receiving reports of drug use.

“(Police) were aware of individuals squatting in common areas of the building and problems at the location with drug trafficking and use,” the SIU said in its incident narrative.

“On this occasion, they made their way to a hallway in the basement and observed a half-dozen or so persons in and around a mattress. The floor was littered with syringes.”

While others fled the area, one suspect remained. When quizzed by police, he gave them a false name. He was told couldn’t leave and police grabbed him, deciding to arrest him for trespassing and obstructing justice.

“There ensued a struggle in the course of which each subject official punched the complainant to the head area as he refused to surrender his arms to be handcuffed,” the SIU said.

“The complainant verbally and physically protested his arrest. (The officer) deployed his (stun gun) in drive stun mode on five occasions. Rather than subduing the complainant, this seemed to anger him further.”

The suspect kicked at officers, hitting one in the chest. The stun gun was deployed twice more, but failed to reach its target.

“It seems the probes were prevented from penetrating to the skin by the complainant’s clothing,” the SIU said.

“Shortly after the second of these discharges, with the arrival and assistance of a third officer the complainant’s arms were controlled behind the back and handcuffed.”

When he was taken to the police cruiser, “he purposefully rammed his head against the rear window, shattering it.”

Nasal fracture

He was taken to hospital with a suspected nasal and other fractures.

In his decision, SIU director Joseph Martino said the behaviour of the complainant left police little choice.

“Much of the struggle involved the officers wrestling to control an agitated the complainant following his takedown, the takedown being a legitimate tactic,” Martino said.

“Interspersed throughout the struggle were one or two punches directed at the complainant’s head by both officers. These were relatively short, intended to convince the complainant to relent.”

Especially in the context of the crime scene – which was littered with used needles – police were justified in wanting to make the arrest as quickly as they could to ensure no one was jabbed by a dirty needle.

Further, the major head injuries could have been caused not by police, but when he rammed his head into the window, which Martino described as “his self-inflicted head strike.”

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“Be that as it may, as there are no reasonable grounds to conclude that the officers comported themselves other than within the limits of the criminal law in their dealings with the complainant, there is no basis for proceeding with charges in this case,” he said.

“The file is closed.”

Read the full incident narrative here.