Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person.
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault.
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person.
• Information that discloses investigative techniques or procedures.
• Information, the release of which is prohibited or restricted by law.
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published.

Freedom of Information and Protection of Personal Privacy Act

Pursuant to section 14 (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 that 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 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following:

• The names of persons, including civilian witnesses, and subject and witness officials;
• 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

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

Other proceedings, processes, and investigations

Information may also have 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.

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injury of a 20-year-old man (the “Complainant”).

Notification of the SIU[1]

On January 1, 2024, at 2:43 p.m. the Windsor Police Service (WPS) contacted the SIU with the following information.

On January 1, 2024, at about 2:30 a.m., the Complainant was involved in a series of disturbances in the area of York Street and Shepherd Street, Windsor. When a WPS officer responding to the scene attempted to arrest the Complainant, the officer was punched in the face. The Complainant was subsequently grounded and later transported to hospital. He was examined, diagnosed with a fractured left wrist, and released at the hospital via an Appearance Notice.

The Team

Date and time team dispatched: 2024/01/01 at 3:35 p.m.

Date and time SIU arrived on scene: 2024/01/01 at 8:10 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

20-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on January 3, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

The civilian witnesses were interviewed between January 1 and 10, 2024.

Subject Official (SO)

SO Declined interview and to provide notes, as is the subject official’s legal right

Witness Officials (WO)

WO #1 Interviewed

WO #2 Interviewed

WO #3 Interviewed

WO #4 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed on January 7, 2024.

The Scene

The events in question transpired on and around Shepherd Street West and Church Street, Windsor.

Forensic Evidence

Conducted Energy Weapon (CEW) Deployment Data – WO #2

At 2:32:27 a.m.,[2] January 1, 2024, the trigger was pulled resulting in cartridge #1 being fired and running for a cycle of 1 second.

At 2:32:29 a.m., the trigger was pulled and cartridge #2 was fired, running for a cycle of 4.9 seconds.

At 2:32:35 a.m., the trigger was pulled resulting in another cycle of cartridge #2 for 4.9 seconds.

At 2:32:42 a.m., the trigger was pulled resulting in another cycle of cartridge #2 for 4.9 seconds.

Video/Audio/Photographic Evidence[3]

Video Footage – 409 Shepherd Street West – Camera 2

At 2:31:30 a.m., January 1, 2024, the Complainant was captured wandering at the intersection of York Street and Shepherd Street West. He was unsteady and shirtless. It was dark, with lighting provided by streetlights and buildings.

At 2:31:44 a.m., the Complainant went off-camera on York Street south of Shepherd Street West.

At 2:32:26 a.m., a WPS SUV [the SO] travelled west on Shepherd Street West and stopped east of York Street. Emergency lights were not activated.

At 2:32:30 a.m., the Complainant ran towards the cruiser, which was still braking. The SO exited and walked towards the Complainant, who walked to the front of the cruiser.

At 2:32:42 a.m., the SO followed the Complainant, who then ran eastward as the SO attempted to grab his arm/shoulder.

At 2:32:45 a.m., the SO caught the Complainant and put his right arm around the Complainant’s neck while grabbing his shoulder. The Complainant was taken to the ground.

The Complainant got to his feet and ran east on the north side of Shepherd Street West. The SO gave chase.

Video Footage – 409 Shepherd Street West – Camera 1

At 2:32:24 a.m., a marked WPS SUV was westbound on Shepherd Street [the SO].

At 2:32:45 a.m., a second WPS SUV [WO #3 and WO #1] travelled west on Shepherd. It stopped in the middle of Church Street and Shepherd Street West. The front passenger [WO #1] exited and ran towards the northwest corner.

At 2:32:49 a.m., WO #3 exited as an unmarked vehicle [WO #2] came west on Shepherd Street West and tried to block the Complainant, who ran towards WO #1.

At 2:32:52 a.m., the Complainant jumped past the front of WO #2’s cruiser and punched WO #1 in the face with his right fist. He then ran away.

At 2:32:56 a.m., the Complainant was pursued by the SO, WO #1, WO #3, and WO #2 on Church Street.

At 2:32:59 a.m., the Complainant was pushed to the ground by the SO. The SO, WO #1 and WO #3 were on top of the Complainant. WO #2 activated his CEW.

At 2:33:01 a.m., WO #2 arrived and the light from his CEW was seen.

At 2:33:55 a.m., WO #1 stepped back from the struggle, leaving the SO, WO #3 and WO #2 to handcuff the Complainant.

At 2:34:00 a.m., a person [CW #4] walked north on the east side of Church Street, and stopped and observed the arrest.

At 2:34:21 a.m., WO #2 backed away from the Complainant and used the light of his CEW to signal their location to arriving WPS officers. WO #3 and the SO stood up. The Complainant was on the ground and handcuffed.

At 2:42:20 a.m., an ambulance arrived.

Police Communications Recordings - 911 Call

On January 1, 2024, after midnight, the WPS received several 911 calls that involved the Complainant.

Call #1

Caller #1 reported that the Complainant had interrupted a New Year’s party on Bruce Street and assaulted three persons. The Complainant returned, kicked the front door, and broke the glass in the door. The Complainant punched at least three people and was not armed.

Call #2

At 2:13 a.m., Caller #2 reported a shirtless man [the Complainant] running in the middle of York Street and Wahketa Street. The Complainant yelled, punched cars, and was causing a disturbance. The Complainant stopped a car and confronted the driver. It was unknown whether he had weapons, but he wanted to hurt people.

Call #3

At 2:17 a.m., Caller #3 reported that a male [the Complainant] was trying to break windows of cars on the street and he (the caller) had confronted him. The Complainant yelled that he was going to kill someone. He provided a physical description of the Complainant, and said the Complainant was drunk.

Call #4

At 2:26 a.m., Caller #4 from Bruce Street reported that the Complainant was in an alley and yelling.

Call #5

Caller #5 reported that a male [the Complainant] was circling his vehicle and pounding on the windows. They were afraid he was going to harm them. The Complainant appeared high. He was not wearing a shirt.

Call #6

Caller #6 reported that the Complainant had gone insane. He was screaming and punching cars. He described the Complainant. He had fought a man at Shepherd Street West and York Street.

Call #7

At 2:28 a.m., Caller #7[4] reported the Complainant was on her front lawn. The Complainant was described as a male, with no shirt. The Complainant had punched her husband and then fled toward Shepherd Street West. The Complainant was either drunk or high. The Complainant ran to Shepherd Street and York Street where he shadow-boxed.

Call #8

At 2:33 a.m., Caller #8 reported the Complainant, who was half naked and standing on the corner of the street, appeared drunk. The Complainant yelled, screamed, and tried to fight people at the intersection of Shepherd Street and York Street

Materials Obtained from Police Service

Upon request, the SIU obtained the following materials from the WPS between January 3, 2024, and January 9, 2024:

• Dispatch Call Summary Report;
• Occurrence Initial Officer Report;
• Involved Officers List;
• Policy – Mentally Ill Persons – Persons in Crisis;
• Policy – Arrest;
• Policy – Use of Force
• Memo Book Notes – WO #2
• Memo Book Notes – WO #4;
• Memo Book Notes – WO #3;
• Memo Book Notes – WO #1;
• WO #2 Supplementary Report;
• Communications recordings;
• Video Footage - 409 Shepherd Street West;
• Witness statement of CW #1; and
• CEW deployment data.

Materials Obtained from Other Sources

The SIU obtained the following records from the following other source on January 5, 2024:

• The Complainant’s medical records from the Windsor Regional Hospital.

The evidence collected by the SIU, including interviews with the Complainant and police witnesses who were involved in his arrest, and video footage that captured the incident in parts, gives rise to the following scenario. As was his legal right, the SO chose not to interview with the SIU or authorize the release of his notes.

In the early morning of January 1, 2024, the WPS received a series of 911 calls from citizens reporting a male causing a disturbance on Bruce Avenue, Shepherd Street West, York Street and Wahketa Street. The male had reportedly assaulted several individuals, damaged property and banged on vehicles. Officers were dispatched to the area.

The male was the Complainant. He had consumed alcohol to excess before leaving his home and was venting his anger on motorists and pedestrians.

The SO was the first to confront the Complainant on Shepherd Street West east of York Street. The Complainant broke free from the officer’s grasp and ran eastward. The SO caught up with the Complainant and tackled him to the ground. The Complainant picked himself up and continued running. By this time, other officers were arriving on scene, including WO #1. WO #1 attempted to engage the Complainant at the northwest corner of Shepherd Street West and Church Street. The Complainant lunged at the officer and punched her in the head before continuing his flight northward on Church Street.

The SO caught up with the Complainant again and took him down in the area of 1489 Church Street. The officer was shortly joined by WO #1 and two other officers – WO #3 and WO #2. The Complainant was prone on the ground and struggling against the officers’ efforts to secure his arms behind the back. The SO punched the Complainant two to three times in the head and WO #2 discharged his CEW. Following the last of the CEW deployments, the Complainant was handcuffed and taken into custody.

The Complainant was taken to hospital after his arrest and diagnosed with a fractured left wrist.

Section 25(1), Criminal Code - Protection of Persons Acting Under Authority

25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

The Complainant was diagnosed with a serious injury following his arrest by WPS officers on January 1, 2024. The SIU was notified of the incident and initiated an investigation naming the SO the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s arrest and injury.

Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.

Given what the officers knew of the Complainant’s violent and destructive behaviour from the 911 calls, they were within their rights in seeking to take him into custody.

With respect to the force brought to bear in aid of the Complainant’s arrest, I am satisfied that it was legally justified. The takedowns performed by the SO were reasonable tactics. On both occasions, the Complainant was running from police and it was clear that a physical intervention of some sort was necessary to bring his flight to an end. Given his combative proclivities at the time, a takedown made sense as it would immediately position the officers to better manage any further resistance by the Complainant. Once on the ground, the SO delivered a series of punches to the Complainant’s head. The Complainant was struggling at the time and refusing to release his hands to be handcuffed. It was important in the moment to quickly subdue the Complainant in light of his violence and I am unable to reasonably conclude that the punches – about two to three of them – constituted excessive force in context, particularly as the strikes did not succeed in releasing the Complainant’s arms. It was not until WO #2 fired his CEW that the Complainant’s arms were controlled and handcuffed.

It is not altogether clear when the Complainant fractured his wrist. It might be that the injury was incurred prior to his run-in with the police as the Complainant struck at persons and vehicles. Be that as it may, as there are no reasonable grounds to believe that the SO comported himself other than within the limits of the criminal law in his dealings with the Complainant, there is no basis for proceeding with charges in this case. The file is closed.

Date: April 30, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit