Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Freedom of Information and Protection of Personal Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:

• Confidential investigative techniques and procedures used by law enforcement agencies; and
• Information whose release could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding.

Pursuant to section 21 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:

• subject officer name(s)
• witness officer name(s)
• civilian witness name(s)
• location information
• witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence and
• other identifiers which are likely to reveal personal information about individuals involved in the investigation

Personal Health Information Protection Act, 2004 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into the death of a 26-year-old woman on September 19, 2017.

Notification of the SIU

The SIU was notified of the incident on September 17, 2017 at 3:45 p.m. when the Windsor Police Service (WPS) contacted the SIU.

WPS reported that on September 4, 2017 at 8:00 a.m., the Complainant was arrested for breach of the peace. She was taken to the police station. Since the Complainant was behaving erratically, a sergeant felt she should be taken to a hospital. An ambulance was called and the Complainant was transported to a hospital. WPS officers escorted the ambulance to the hospital and left.

On September 17, 2017, the Coroner called WPS to report that the Complainant was on a life support system since September 10, 2017. The Coroner also indicated they were considering removing the Complainant from the life support system. WPS officers learned that the Complainant was suffering from brain stem stroke and that she had being staying in a shelter in the Windsor area. No physical trauma was noticed on the Complainant. WPS reported that it had not had any contact with the Complainant since September 4, 2017. WPS was asked to contact the SIU and provide updates as to the Complainant’s medical status.

On September 18, 2017 at 1:20 p.m., WPS notified the SIU that the Complainant will be removed from the life support system and that her organs will be harvested. The SIU asked WPS to report the Complainant’s cause of death once the post-mortem examination was completed.

On September 21, 2017 at 8:33 a.m., WPS reported that the autopsy was complete. According to the Pathologist, the Complainant had minor bruising and abrasions that were healing on her body and a small bruise to the back side of the skull; however, the cause of death does not appear to be criminal in nature. The official cause of death was pending neurological pathology to be completed at a later date.

The Team

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 0

Complainant:

26-year-old female, deceased

Civilian Witnesses

None

Witness Officers

WO #1 Interviewed

WO #2 Interviewed

WO #3 Not interviewed, but notes received and reviewed

WO #4 Not interviewed, but notes received and reviewed

WO #5 Not interviewed, but notes received and reviewed

WO #6 Not interviewed

Additionally, the prepared statements from six other, non-designated officers were received and reviewed.

Subject Officers

SO #1 Declined interview, as is the subject officer’s legal right. Notes and prepared statement received and reviewed.

SO #2 Declined interview, as is the subject officer’s legal right. Notes received and reviewed.

During the evening of September 4, 2017, WPS received a call to attend the Windsor Public Library (WPL) regarding a report of smashed glass. SO #1, SO #2, WO #1 and WO #2 responded to the call.

When the officers arrived at the WPL, there were many people congregated in the area. The Complainant was also there and was screaming and acting erratically. Efforts to calm her were unsuccessful. At one point, the Complainant lay on Ouellette Avenue in front of a WPS vehicle. SO #1 and SO #2 arrested the Complainant for a breach of the peace. Once she was handcuffed and standing, the Complainant hit her head on the hood of the police vehicle. The Complainant told SO #1 that she had had an argument with another woman and had been hit in the head, and had struck her own head on a wall as well. The Complainant was transported to WPS headquarters, and she struck her head off the metal cage several times en route.

When the Complainant was being booked, her erratic behaviour escalated and she indicated that she had been hit several times in the head, but not by any officer. She was then transported to the hospital, where she hit her head several times off hospital equipment. She was released the next morning.

On September 10, 2017, the Complainant was transported to the hospital again by ambulance, after she was found at the Windsor Downtown Mission (WDM) to be in extreme pain and falling to the ground. Once at the hospital, the Complainant lost consciousness and her condition deteriorated. The Complainant was removed from life support and she was declared dead on September 19, 2017 at 9:34 p.m.

The Scene

The WPL was located at 850 Ouellette Avenue in Windsor. It was a large commercial building with video surveillance directed at the front entrance. Ouellette Avenue was four lanes with sidewalks on both sides of the roadway.

The area of the Complainant’s arrest was on the roadway toward the south end of the library. The library is directly across the street from the WDM. It is believed that the Complainant and the others gathered at the library were waiting for the Mission to open at 9:00 p.m. There was no information to suggest the Complainant was injured at this location.

Facebook Entries

On Tuesday, September 6, 2017, the Complainant posted a comment on her Facebook account which suggested she was punched in the head because of “gorilla pimping.”[1] She then added a derisive comment about a former counsellor. This posting prompted the local Coroner to contact the WPS.

A September 2, 2017 posting by the Complainant talked of being punched in the face by a male. There are several more references in the Complainant’s comment section to “gorilla pimping” and frequent assaults. Between September 4, 2017, and September 7, 2017, the Complainant posted nine times on her two Facebook accounts. There were no postings referencing her September 4, 2017 arrest or an assault by the police.

Medical Records

The medical records for the Complainant indicate that on Monday, September 4, 2017, at 9:10 p.m., the Complainant was brought to the hospital Emergency Department by ambulance. The Complainant was initially assessed for “alcohol/drug withdrawal.” Upon examination it was noted the Complainant was “negative for trauma.” The Complainant was diagnosed with “drug abuse” and ordered “discharged when able.” She was discharged from the emergency department at 4:25 a.m. on September 5, 2017. The Complainant was ambulatory and alert and oriented to time and place. No trauma was noted during any examination by any medical personnel. No complaints by the Complainant of assault or trauma were noted on the medical charts for September 4, 2017.

On Sunday, September 10, 2017, the Complainant was admitted to the hospital Emergency Department at 7:56 a.m., after arrival by ambulance. The Complainant experienced a decreased level of consciousness. A subsequent magnetic resonance imaging (MRI) examination revealed the Complainant to have a “bilateral cerebellar CVA with obstructive hydrocephalus.[2]” Several specialists, nurses, and medical personnel examined the Complainant. The examinations did not reveal any trauma. The Complainant’s condition deteriorated after neuro-surgery and the Complainant was removed from life support. Her death was declared on September 19, 2017 at 9:34 p.m.

Expert Evidence

On September 21, 2017, the Pathologist performed a forensic autopsy. A preliminary report indicated there was no significant trauma. The cause of death was believed to be a dissection of the vertebral artery of unknown etiology.[3] The Pathologist believed the cerebral bleed’s origin was not caused by a criminal act.

Video/Audio/Photographic Evidence

The SIU canvassed the area for any video or audio recordings, and photographic evidence, and received closed circuit television (CCTV) video recording from the WPL and the WDM, as well as video from WPS.

WPL Video

The camera covered the main front entrance where there were several people gathered with their bicycles and belongings strapped onto carriers and shopping carts. The Complainant appeared in the far left of the camera view. The Complainant wore a long red sweater dress or sweatshirt and was accompanied by two other people.

At 7:32 p.m., the Complainant was seated against the pillar. She waved her arms around and kicked her legs. Traffic on Ouellette Avenue can be seen in the reflection of the main doors. At 8:01 p.m., a WPS vehicle appeared with its emergency lights activated. It stopped at the front entrance. At 8:03 p.m., a police officer illuminated his flashlight and approached the Complainant, who was now standing. After about 30 seconds, the Complainant walked toward the front doors, and a second police officer. The Complainant then walked out of range of the camera toward Ouellette Avenue. She was not seen in this video again.

At 8:28 p.m., a WPS prisoner transport van left the area of the library on Ouellette Avenue.

WDM Video

The video was from the cafeteria of the WDM during the morning of Sunday, September 10, 2017[4]. The Complainant was found on the floor by a worker at the shelter. Throughout the next few minutes, the Complainant was helped to her feet and fell twice more. She eventually was helped to a chair. The Complainant held her head and neck area as if in pain[5]. While being helped she vomited once. The Complainant fell and struck her head on the floor. Her head hit with such impact the contact was heard on the audio recording. The Complainant was transported to hospital by ambulance.

WPS Prisoner Van Video

On September 4, 2017 at about 8:28 p.m.[6], the Complainant was placed into the prisoner transport van with her hands handcuffed behind her back. She screamed and cried. She did not have any blood showing and appeared to have enough mobility to twist, bend over, and kick her legs.

At 8:34 p.m., the Complainant banged her head off of the metal cage. She did this several times and did not wince or demonstrate any level of pain associated with this action. At about 8:36 p.m., the door to the side compartment was opened and the Complainant exited unassisted.

WPS Cell Video

On September 4, 2017, at 8:28 p.m., the WPS prisoner transport van entered the sally port.

As WPS officers approached the prisoner transport van, the Complainant yelled and screamed. She was escorted by two uniformed WPS police officers to the elevator. The WPS police officers did not touch the Complainant and she walked unassisted. The Complainant was escorted in the elevator by WO #3 and WO #6[7]. The Complainant complained of a runny nose and asked a police officer to wipe her face. The elevator was well lit and there were no injuries seen on the Complainant.

At 8:38 p.m., the Complainant was at the booking desk. A police officer explained her erratic behaviour. The Complainant moved constantly and contorted her body and hands while she yelled. The Complainant was able to provide her proper name, birthdate, medical history, and family members’ names to the booking police officer. The Complainant went to her knees and leaned forward. The aerial camera provided a good view of the back of her head and neck. There were no marks, bruises, or blood seen anywhere on her body. Despite yelling and acting erratically, the Complainant followed all instructions and direction.

The booking police officer, WO #5, asked if she was injured. The Complainant said she had been punched in the head once within the last three weeks and twice today by women. The booking police officer asked, “So not an officer?” The Complainant replied, “No, never.” She added she accidently hit her head on either the floor or the wall as well.

At 8:42 p.m., two paramedics arrived with a stretcher. The Complainant yelled, “I just got punched in the fucking head and I’m traumatized.” She got onto the stretcher unassisted. At 8:47 p.m., she was taken into the elevator by the two paramedics.

Materials obtained from Police Service

Upon request the SIU obtained and reviewed the following materials and documents from the WPS

• Communications recordings
• Cell detention video
• Police transport / prisoner van video
• CCTV video from the WPL and WDM
• Autopsy photos
• Detailed Call Summary
• General Occurrence
• Incident Report - Windsor Central Ambulance Communications Centre (CACC)
• Notes of WO #1, WO #3, WO #4 and WO #5
• Screenshot of Facebook Message regarding Assault
• Prepared statements from six non-designated officers
• Prepared statement from SO #1
• Supplementary report regarding video surveillance, and
• WPS Observation and Transfer of Care Form

Section 30, Criminal Code - Preventing breach of peace

30 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace.

On September 4^th, 2017, police were called to the Windsor Public Library at 85 Ouellette Avenue in the City of Windsor as a result of a report of property damage. SO #1, SO #2, WO #1 and WO #2 responded. Upon arrival, according to the statements of the witness officers and notes of all officers present, they observed the Complainant at the scene and she was observed to be behaving erratically and screaming. Efforts to calm the Complainant were unsuccessful and she was eventually arrested for breaching the peace contrary to section 30 of the Criminal Code, after laying down in the middle of the street in front of a police cruiser. After her arrest, the Complainant was described as purposely laying across the hood of the police vehicle, with SO #1 describing in his notes that she had “slammed her head onto the hood of the cruiser”. The Complainant was later transported to the police station where, in the booking hall, she responded to the questions posed by the booking Sergeant, WO #5; the booking video revealed that the Complainant indicated to WO #5 that she had been punched in the head once within the last three weeks and twice on September 4^th by two women. When WO #5 asked her specifically, “So not an officer?” the Complainant is heard to reply, “No, never.” The Complainant added that she had also accidentally struck her head on either the floor or the wall.

As a result of WO #5’s determination that the Complainant’ erratic behaviour was due to the ingestion of narcotics, paramedics were called. On the booking video, the Complainant is heard to yell, “I just got punched in the fucking head and I’m traumatized.” Once paramedics arrived, the Complainant was able to get onto the stretcher unassisted. The Complainant’s medical records from the hospital reveal that she was initially assessed on September 4^th, 2017, for “alcohol/drug withdrawal”. The Complainant’s medical records also note that upon examination she was found to be “negative for trauma”, was diagnosed as suffering from drug abuse, and was ordered to be “discharged when able”. The medical notes indicated that the Complainant was ambulatory, alert and oriented as to time and place and that no trauma was noted, nor is there any note that she made any complaints of any assault or trauma. She was discharged from hospital at 4:25 a.m. the following morning.

On Sunday, September 10^th, 2017, the Complainant was re-admitted to the hospital emergency department; she is noted as experiencing a decreased level of consciousness at that time and a subsequent MRI examination revealed her to have a “bilateral cerebellar CVA [cerebellar stroke] with obstructive hydrocephalus [obstruction of the flow of cerebrospinal fluid]”. Again, the records indicate that no trauma was noted. One physician noted that her condition may be due to “infective endocarditis” and she was taken for neurosurgery, following which her condition deteriorated. She was subsequently removed from life support and was pronounced dead on September 19^th, 2017 at 9:34 p.m.

Following the death of the Complainant, a post-mortem examination was carried out and the Pathologist determined that there was no significant trauma to the Complainant and the cause of death was believed to be due to a dissection of the vertebral artery of unknown etiology [the main artery in the brain cell had dissolved for unknown reasons]. Although the Pathologist did make note of minor bruising and abrasion to the body of the Complainant at the time of the post-mortem, as well as a bruise to the back of her skull, his determination was that cause of death was not attributable to any criminal act.

Following the notification of the SIU by the WPS, who had in turn been notified by the Coroner, investigators reviewed video of the date of the Complainant’s arrest from both the Windsor Public Library and the Downtown Mission across the street, as well as the video from inside the prisoner van wherein the Complainant was transported to the WPS station, the cell video inside the station, and the booking video from the booking hall. Facebook posts that the Complainant had posted onto her account in the days prior to and following her arrest by police on September 4^th were also examined, as was the video and log book entries from the WDM overnight log book some days after September 4^th. Additionally, while there were no civilian witnesses to the Complainant’s arrest, investigators were able to interview two witness officers and were provided the memo book notes or prepared statements from both SO #1 and SO #2 as well as ten witness officers; SO #1 and SO #2 declining to be interviewed, as was their legal right. Investigators also had access to the medical records and post-mortem report for the Complainant. There appears to be no dispute as to the facts.

On all of the video obtained involving the arrest and subsequent detention of the Complainant on September 4^th, 2017, none reveal any trauma to the Complainant nor is she ever heard to complain of any mistreatment by police; in fact, when directly asked if the police had assaulted the Complainant, she categorically responded, “No, never”. The lack of trauma to the Complainant following her interaction with police on September the 4^th is further confirmed by her medical records wherein it is noted that no trauma was observed and she was diagnosed as suffering from the ingestion of narcotics, which was further confirmed by her own admission.

During the course of the Complainant’s interaction with police, she indicated on a number of occasions that she had been struck in the head by another party (not a police officer), that she had been punched in the head by two females, and that she had struck her own head on a wall; she was further observed to slam her head onto the hood of the cruiser completely without the intervention of police and, once at hospital, she was observed to slam her head off of the EMS defibrillator some eight to ten times, but did not suffer any injury as the machine was heavily padded, presumably for this very reason.

An examination of the Complainant’s Facebook page revealed that she had posted onto her account on September 2^nd, 2017 that she had been punched in the face by a male and she referenced frequent assaults arising from “gorilla pimping”. On September 6^th, 2017, the Complainant again posted that she had been punched in the head because of “gorilla pimping”. There is no reference anywhere on the Complainant’s Facebook account nor any complaint that she had been mistreated by police.

CCTV from the Downtown Mission from September 10^th, 2017 revealed that the Complainant was found on the floor that morning by a worker, and, when twice helped to her feet by the worker, the Complainant fell twice more. The Complainant is then observed seated in a chair and holding her head and neck as if in pain. She also vomited once, after which she fell again and struck her head on the floor so hard that the thud was heard on the recording. On that date, the Complainant was again transported to hospital. An examination of the Downtown Mission log book from the night prior revealed that the Complainant had awoken suddenly during the night, screaming and complaining of severe neck pain.

On a review of the evidence of the Complainant’s arrest on September 4^th, 2017, I find that there is no evidence whatsoever that any police officer who interacted with the Complainant used any force against her, other than the minimum required to place her in handcuffs and transport her to the station. The video from inside the police station reveals that, at her request, the Complainant was not touched, and was allowed to walk on her own, unassisted, while inside the station. The video from the area surrounding the WPL on September 4^th, 2017 does not disclose any evidence of mistreatment by police towards the Complainant and, when asked in the booking hall by WO #5 if police were in any way at fault for her complaints as to being punched in the head, she categorically denied this. Furthermore, I find that the medical records of the Complainant from September 4^th, as well as the post-mortem report and the finding of the cause of death of the Complainant, appear to conclusively confirm that the Complainant’s death was not caused due to the infliction of trauma. On all of the evidence, while the medical experts are unable to definitively confirm the mechanism or cause of the Complainant’s death, both the Pathologist and the doctors who examined her on September 4^th and 10^th and following, have consistently determined that her death was not due to trauma or the infliction of any physical harm to her. Whether or not her death was due to her repeated ingestion of harmful narcotics remains unclear at this point, but that may very well have been a significant factor.

In conclusion, on the record before me, there is not a scintilla of evidence that any police officer who dealt with the Complainant during or after her arrest on September 4^th, 2017, used any force other than the minimal amount required to place her in handcuffs and therefore there is no evidence that any excessive force was used against her, nor was there any allegation of same, and there is no evidence that any actions by any police officer contributed to her death.

I therefore find that there is no basis on this evidence to believe, on reasonable grounds, that any of the police officers who interacted with the Complainant on September 4^th, 2017, resorted to any unjustified or excessive force in dealing with her, nor is there any evidence that their actions in any way contributed to her death and there are therefore no grounds for the laying of criminal charges and none will issue.

Date: December 19, 2017

Original signed by

Tony Loparco
Director
Special Investigations Unit

Endnotes

• 1) [1] This term reportedly refers to being assaulted when trading sex for drugs. [Back to text]
• 2) [2] A breach of the vessel walls on both side of the brain stem with fluid on the brain surface. [Back to text]
• 3) [3] Main artery in the brain stem dissolved for unknown reasons. [Back to text]
• 4) [4] This is the date the Complainant was admitted to hospital. She later fell into a coma and was removed from life support on September 19, 2017. [Back to text]
• 5) [5] An entry in the WDM overnight log book on September 10, 2017 at 1:55 a.m. noted the Complainant awoke suddenly, screamed, and complained of severe neck pain. [Back to text]
• 6) [6] The time stamp in the video was one hour advanced. The time has been adjusted in this report to reflect the actual time of the events depicted. [Back to text]
• 7) [7] WO #6 did not make any duty book entries related to this incident. [Back to text]