Ontario’s police oversight agency has ruled that an Ontario Provincial Police officer did not commit a criminal offence when the right orbital bone of a 27-year-old man was fractured during his arrest in Rockland in March.
A Special Investigations Unit statement posted online on June 24 said director Joseph Martino had concluded that, although the officer had attempted to punch the man six times and the punches had been significant and had caused injury, they did not exceed what was reasonably necessary given the “precarious” position of the officer and the suspect on active traffic lanes.
Martino also noted the blows stopped once the man covered his face with his hands, the report said.
According to the report, the incident began at about 9:42 a.m. on March 20 after officers were dispatched to a call regarding a collision at Heritage Drive and Patricia Street in Rockland. The driver of a sport utility vehicle had reportedly left the scene of two separate collisions.
At 9:50 a.m., the SUV was stopped by police on County Road 17. According to the SIU report, the driver of the SUV displayed signs of intoxication and refused to identify himself.
One OPP officer tried to remove the driver from the SUV, at which point a struggle began. The SUV driver grabbed that officer by the neck and tried to trip him, pushing him into traffic; the officer fell back and struck his knee.
A second OPP officer who had arrived at the scene then punched the SUV driver in the face, and he fell to the ground, where he was handcuffed.
Emergency medical services were called and the SUV driver was transported to the Montfort Hospital in Ottawa, where he was treated for the fracture of his orbital bone and discharged back to the custody of the OPP.
The SIU investigates police interactions that may have resulted in death, serious injury, the discharge of a firearm and/or sexual assault.
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