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 death of a 34-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 2, 2024, at 11:15 a.m., the Toronto Police Service (TPS) notified the SIU of the death of the Complainant.

According to the TPS, on May 2, 2024, at 9:06 a.m., the Toronto Emergency Medical Services (EMS) received a call for service from a father concerned about his son, later identified as the Complainant. The Complainant was reported to be running in traffic and going “berserk” near the intersection of Ellesmere and Kennedy Roads. EMS and TPS arrived, and officers handcuffed him to a stretcher. The Complainant lost vital signs but was revived. He was taken to hospital via ambulance and subsequently passed away.

The Team

Date and time team dispatched: 2024/05/02 at 11:15 a.m.

Date and time SIU arrived on scene: 2024/05/02 at 1:28 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

34-year-old male; deceased

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed between May 2 and 16, 2024.

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on June 7, 2024.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

The witness officials were interviewed on May 5, 2024.

The Scene

The events in question transpired on the parking lot in front of the Cash Money retail store at 1876 Kennedy Road, Toronto.

Physical Evidence

The SIU collected the Complainant’s clothing: a button-up shirt, white and black jogging pants, and dark underwear.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage - WO #2

On May 2, 2024, at 9:13:32 a.m., WO #2 exited his police vehicle in the parking lot of Cash Money. He walked to WO #1 and the SO, who stood with the Complainant flanked by a civilian to his right and CW #1 to his left. The Complainant stood with his back to the wall of the Cash Money. An ambulance was parked northeast of the group in the parking lot, facing south.

Starting at about 9:14 a.m., a woman[3] standing to the south of the group informed WO #2 that the Complainant had run into a bus and fallen. The bus remained at the corner of Kennedy and Ellesmere Roads. The Complainant appeared panicked, was on the phone, and tried to get on the bus but was prevented from doing so. WO #1 took the Complainant by the left forearm, the SO took him by the right arm, and CW #1 asked if the Complainant could be transported to the Centre for Addiction and Mental Health (CAMH). The paramedics said they could not transport to the CAMH. WO #3 asked the Complainant, “Why did you try to hurt yourself?” and the Complainant said, “I didn’t, I was running, I don’t know why.” The SO asked if the Complainant had taken anything. The Complainant reported he had a beer and smoked “a lot of marijuana yesterday”. The paramedics prepared a stretcher and the Complainant sat on the stretcher while the paramedics strapped him in.

At 9:16 a.m., the Complainant reported being disturbed by everyone. The paramedics reassured the Complainant he was safe. A paramedic asked the Complainant what hospital he had visited, and the Complainant said, “Western.”

Starting at about 9:17 a.m., WO #2 informed a paramedic that the Complainant had run into a TTC bus. He believed the Complainant was on something, but the Complainant had denied it. The Complainant said, “I hear voices.” He was led to the rear of the ambulance, and he called for his father to come with him. WO #1 and the SO followed. The Complainant was loaded into the ambulance. WO #4 arrived on scene, and WO #2 updated her.

Starting at about 9:20 a.m., WO #2 walked back to the rear of the ambulance. The Complainant shouted, “There’s somebody in there.” WO #2 stepped into the rear of the ambulance and directed a paramedic to step out. WO #1 stood to the side of the stretcher and the SO stood at the head of the stretcher. WO #2 took hold of the Complainant’s ankles. The Complainant thrashed about and screamed. WO #2, WO #1, and the SO told the Complainant to calm down and that they were not trying to hurt him. The Complainant said, “I’m going to pass out, let me sit, I will, let me sit, let me sit.” The Complainant screamed and reported seeing a person. The Complainant bucked his body and slid down the stretcher as he shouted for his father.

Starting at about 9:22 a.m., leg restraints were applied to the Complainant’s ankles. WO #2 held the Complainant’s legs together while WO #3 applied the restraints. The Complainant kicked and twisted his legs.

Starting at about 9:23 a.m., the Complainant shouted, “Dad, they’re tasering me.” The Complainant stopped shouting briefly. WO #1 and the SO directed the Complainant to sit up. WO #1 said, “Come … we gotta get going to the hospital.” The Complainant said, “If you let me sit up, I’ll actually stop.” A police officer said, “We’re letting you sit up, so all you’re doing is sliding yourself down.” The SO grabbed the Complainant’s right forearm and tried to pull him up the stretcher. The Complainant shouted and WO #1 grabbed the Complainant by the biceps and tried to pull him up the stretcher. The Complainant shouted, “Dad, they’re killing me, I think, maybe not.” He stopped shouting and said, “Okay, let me do it, I’ll sit up,” and WO #1 said, “Okay, sit up.” The Complainant said, “If you stop, I’ll stop,” and WO #1 said, “You’re not stopping though.” The Complainant said, “I’m cuffed, I can’t go nowhere,” and WO #1 said, “I know, we’re trying to help you sit up.” WO #2 said, “Let’s breathe for a second, deep breaths. Deep breaths, focus on me.” The SO attempted to untwist the right handcuff and the Complainant began to shout. WO #1 placed his left hand on the Complainant’s right shoulder and his left hand on the Complainant’s head and said, “Calm down, just breathe.” The Complainant struggled. A paramedic said, “I got a unit coming for sedation, it’ll just be a minute or two.” The Complainant had saliva down his chin. The SO held the Complainant’s right wrist as he struggled.

Starting at about 9:25 a.m., WO #2 took the Complainant’s left bicep and wrist, and WO #1 supported his head, and they tried to pull him up the stretcher. The Complainant shouted. WO #2 attached a stretcher strap across the Complainant’s chest and abdomen. The Complainant said, “They’re killing me,” and a police officer said, “No, we’re not.” WO #3 said, “Stop kicking man, you’re going to hurt yourself.” The Complainant said, “I know, tell them to let go and I’ll actually sit up.” The SO and WO #1 stood at the head of the stretcher and WO #2 exited the ambulance.

Starting at about 9:27 a.m., WO #2 notified the dispatcher that the Complainant was restrained in the ambulance, and they were waiting for a second ambulance for sedation.

Starting at about 9:28 a.m., WO #2 entered the side ambulance door and stood at the head of the stretcher. The SO stepped to the side. WO #2 exited the side ambulance door and informed the paramedics that the Complainant was foaming at the mouth. WO #2 went to the rear of the ambulance and a paramedic tended to the Complainant. WO #3 stood on the back step of the ambulance and held the end of the leg restraints. The Complainant kicked his right leg loose from the leg restraints and kicked his legs around. The Complainant said, “Now I can sit up, now I can sit up.” WO #2 held the Complainant’s ankles while WO #3 applied the leg restraints. A paramedic said, “We gotta try to get him out of this position here,” and he applied a face shield on the Complainant because he spat as he shouted. The paramedic released the stretcher straps, took hold of the Complainant’s pants and shirt, and pulled him up the stretcher. The Complainant shouted while a paramedic held the face shield over his face. The Complainant rested still on the stretcher, and then began to struggle and shout.

At 9:34:49 a.m., a paramedic said, “Just a little worried about the airway here.”

At 9:34:58 a.m., a paramedic said, “He’s breathing on his own vomit, he has to go up.” The paramedic and WO #2 tried to slide the Complainant up and he started to struggle. He gurgled. The paramedic said, “You have to sit up, you’re going to choke.” The Complainant sat still. The Complainant appeared to have a seizure lasting about ten seconds.

At 9:36:12 a.m., a paramedic entered the rear of the ambulance and WO #2 exited the ambulance.

Starting at about 9:36:32 a.m., the paramedic who arrived to administer the sedative said, “He looks a little, I think he might be VSA, let’s get the pads on, start CPR,” and he exited the rear of the ambulance with the sedation needle in his left hand. The paramedic informed CW #1 he did not administer the medication because the Complainant’s heart had stopped. He added whatever substance the Complainant took stopped his heart and they were performing CPR. WO #2 approached CW #1 and asked him to let the paramedics do their job because the Complainant had, “A really bad reaction.”

Starting at about 9:37:32 a.m., WO #2 went to the rear of the ambulance. A paramedic performed chest compressions. WO #1 took over chest compressions. WO #2 informed the dispatcher the Complainant had experienced excited delirium and begun to vomit on himself, and CPR was being performed.

Starting at about 9:40 a.m., the SO exited the ambulance. WO #3 performed chest compressions.

Starting at about 9:46 a.m., the SO and WO #2 spoke with WO #4 and informed her the Complainant was aggressive in the ambulance, kept trying to get out, experienced excited delirium, choked on his vomit, had a seizure, and went VSA. WO #3 joined the SO and WO #2 with WO #4. The SO informed WO #4 that CW #1 had provided information about the Complainant’s substance use and mental health history. WO #3 reported the Complainant’s legs were restrained, he was handcuffed to the stretcher on both sides, and he had slid down in the stretcher. Once the Complainant was loaded into the ambulance he kept looking back as if someone was there. WO #2 was tasked to remain with CW #1 and WO #3 was tasked to speak with TTC personnel.

At 9:51:27 a.m., WO #2 informed CW #1 that the Complainant would be transported to the Scarborough Grace Hospital.

BWC Footage - WO #1

On May 2, 2024, starting at about 9:13 a.m., WO #1 and the SO exited a police vehicle. They approached the Complainant, who was standing with his back to the Cash Money with his father, CW #1, to his left side and a civilian on his right side. The Complainant raised his arms in front of him and his left palm was bloody. CW #1 kept his right hand on the Complainant’s back. The police officers asked the Complainant his name and he provided a male name. The SO directed the Complainant to sit down and listen to him. The Complainant began to walk southbound. The civilian and CW #1 stopped him from moving and redirected him to sit down. The SO asked the Complainant how he cut his hand and the Complainant reported he fell and was attacked. CW #1 reported the Complainant had stitches put in the other night, “From the last freak out.” The SO said, “We’re here to help out, alright?” The SO performed a pat-down search of the Complainant and informed him he was being apprehended.

Starting at about 9:17 a.m., the Complainant reported hearing threatening voices. The SO told the Complainant he was safe.

Starting at about 9:19 a.m., the Complainant stood up and went to the front of the ambulance to check for people he saw in the front. WO #1 directed him back to the stretcher and told him there was nobody else in the ambulance. WO #1 tried to redirect the Complainant back to the stretcher, and the Complainant shouted and sat in the paramedic seat. WO #1 took the Complainant by the wrists and directed him back to the stretcher.

Starting at about 9:20 a.m., the SO and WO #1 held the Complainant by the wrists and shoulder on the stretcher. The Complainant shouted.

Starting at about 9:45 a.m., the sedation paramedic attempted to intubate the Complainant. There were challenges with blocked tubes.

Starting at about 9:52 a.m., the ambulance left for hospital.

Video Footage - Esso Gas Station

On May 2, 2024, at 8:54:10 a.m., the video opened with a northeast facing view of the gas pumps south of Ellesmere Road. Traffic was heavy during the morning rush hour. Ellesmere Road ran east to west, with three live lanes in each direction. A concrete median separated the two directions of traffic. A black SUV pulled southbound into a parking spot in front of the gas station. CW #1 operated the vehicle, and the Complainant occupied the front passenger seat. Both men exited the vehicle. The Complainant carried a large blanket. The Complainant entered the Circle K store, part of the gas station. CW #1 followed behind.

Starting at about 8:58 a.m., CW #1 exited the store, entered his vehicle, placed something down, and returned to the store. He shortly exited the store, entered his vehicle, and made a phone call [now known to be a call to 911]. CW #1 re-entered the store.

Starting at about 9:01 a.m., CW #1 exited the store with a rolled blanket, placed the blanket in the trunk of his vehicle, and stood at the trunk on the phone.

Starting at about 9:02 a.m., the Complainant ran northbound from the store towards Ellesmere Road. There were two TTC buses stopped in tandem facing eastbound on Ellesmere Road in the curb lane. The Complainant fell backward at the curb at the side of the second bus in line. He stood and ran to the first bus. It began to travel eastbound. He then turned and ran back to the second bus, stood in front of the front doors, and banged on the glass. The second bus travelled eastbound, and the Complainant ran to the corner. The Complainant fell onto Ellesmere Road in the curb lane. Traffic stopped in front of him. The Complainant stood and ran to the centre median. The Complainant ran back and forth on the median. CW #1 and two civilians ran towards the centre median.

Police Communications Recordings

On May 2, 2024, at 9:05:04 a.m., CW #1 called 911 to request police and ambulance. His son, the Complainant, was being held down by civilians at the corner of Kennedy and Ellesmere Roads (in front of the Cash Money) and he was unsure if the Complainant was, “Coming down from something.” The Complainant was mentally ill and had run out of a gas station into traffic, looking around like people were trying to kill him. He had been in and out of CAMH the last few weeks.

At 9:07:03 a.m., the dispatcher informed police officers of a call involving a person in crisis at Ellesmere and Kennedy Roads. The dispatcher provided details of the call.

At 9:07:49 a.m., the SO and WO #1 requested to be placed on the call as they were close to the area.

At 9:08:41 a.m., WO #4 alerted the dispatcher to mark her on the call.

At 9:13:54 a.m., WO #2 updated the dispatcher that an ambulance was on the scene, everything was in order, and the Complainant was calm.

At 9:15:04 a.m., WO #2 updated the dispatcher that the SO had the Complainant apprehended under the MHA.

At 9:27:40 a.m., WO #2 updated the dispatcher that the Complainant was restrained in the ambulance, and they were waiting for a second ambulance to provide sedation.

At 9:37:40 a.m., WO #2 updated the dispatcher that the Complainant was fighting with the police officers, was in excited delirium, had a seizure and went VSA. The paramedics were performing CPR.

At 9:53:02 a.m., WO #1 informed the dispatcher the ambulance was en route to hospital.

At 9:58:58 a.m., WO #1 reported the ambulance had arrived at the hospital.

Video Footage - TTC Bus

On May 2, 2024, the video opened with an interior view from the rear of the bus. There was a slight street view through the bus windows on each side.

Starting at about 00:39:07 hrs into the footage, the bus stopped eastbound at the southwest corner of Kennedy and Ellesmere Roads behind another TTC bus. The Complainant ran eastbound along the right side of the bus on the sidewalk. The Complainant held a phone to his left ear. He ran past the bus, along the right side of the bus parked to the east of the bus, turned around, and ran back to the front door of the bus. The Complainant stood in front of the front doors of the bus. The bus travelled eastbound, and the Complainant ran eastbound beside the bus. The bus passed the Complainant, and he exited the bottom right corner of the video frame.

At 00:40.27 hrs, the bus pulled over just east of Kennedy Road on Ellesmere Road.

Communications Recordings – Toronto EMS

On May 2, 2024, at about 9:06 a.m., CW #1 phoned the 911 Centre, and was transferred to the EMS call-taker. He reported his son was mentally ill and running around and into traffic. CW #1 mentioned his son was under the influence of drugs.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between May 3, 2024, and May 15, 2024:

• Communications recordings;

• General Occurrence Report;

• Computer-assisted Dispatch Report;

• BWC footage;

• In-car camera footage;

• Notes - the SO, WO #3, WO #2, WO #1 and WO #4;

• Video footage - D&K Spa Nails

• Video footage - Esso Station;

• Policies: Use of Force; Medical Emergency; and, Person in Crisis; and

• Annual Use of Force recertification - the SO.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between May 3, 2024, and May 8, 2024:

• Video footage – Toronto Transit Commission (TTC) bus;

• TTC Incident Report;

• Communications recordings - Toronto EMS;

• Toronto EMS Ambulance Call and Incident Reports; and

• Preliminary Autopsy Findings Report – Ontario Forensic Pathology Service.

The evidence collected by the SIU, including interviews with the SO and other officers present at the time of the events in question, and video footage that largely captured the incident, gives rise to the following scenario.

In the morning of May 2, 2024, the TPS and Toronto EMS received word of a call for service involving the Complainant. His father, CW #1, had called 911 seeking help for his son. The Complainant was in crisis at the time. He was running into traffic and suffering paranoid delusions.

At about 9:13 a.m., the SO and his partner, WO #1, were the first to respond to the scene – the parking lot in front of the Cash Money at the northwest corner of Kennedy and Ellesmere Roads. The Complainant was standing but surrounded by his father and other persons. Questioned by the officers, the Complainant was largely unresponsive. His father explained that the Complainant might be under the influence of a narcotic. The SO decided to arrest the Complainant under the Mental Health Act.

An ambulance arrived and a stretcher was brought to the Complainant. He sat himself on the stretcher and was strapped in uneventfully. As he was taken to the rear of the ambulance and then inside, the Complainant became more agitated. He grew increasingly paranoid and began to believe there were people in the ambulance who meant him harm. The officers tried to reassure him, but to no avail. The Complainant started to kick-out and tried to remove the straps. The officers struggled to maintain the Complainant in a seated position as he slid supine on the stretcher. The SO decided to handcuff the Complainant to the stretcher rails and did so with the use of his and his partner’s handcuffs. WO #3 arrived on scene and assisted in trying to control the Complainant; she applied restraints to his legs.

Because of his agitation, the paramedics on scene asked that another ambulance attend to administer a sedative to the Complainant in advance of their departure for hospital. Before the sedation could be administered, the Complainant lost vital signs. Paramedics and officers performed CPR for a period before the ambulance left the scene.

The Complainant was transported to hospital and subsequently pronounced deceased at 10:13 a.m.

Cause of Death

The cause of the Complainant’s death remains pending at this time.

Section 215, Criminal Code - Failure to Provide Necessaries

215 (1) Every one is under a legal duty

(c) to provide necessaries of life to a person under his charge if that person

(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

(ii) is unable to provide himself with necessaries of life.

(2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if

(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

Sections 219 and 220, Criminal Code - Criminal Negligence Causing Death

219 (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Section 17, Mental Health Act - Action by Police Officer

17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has reasonable cause to believe that the person,

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself;

(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or

(c) has shown or is showing a lack of competence to care for himself or herself,

and in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in,

(d) serious bodily harm to the person;

(e) serious bodily harm to another person; or

(f) serious physical impairment of the person,

and that it would be dangerous to proceed under section 16, the police officer may take the person in custody to an appropriate place for examination by a physician.

The Complainant passed away on May 2, 2024. As he had been apprehended by TPS officers shortly before his death, the SIU was notified of the incident and initiated an investigation. The SO was identified as 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 death.

The offences that arise for consideration are failure to provide the necessaries of life and criminal negligence causing death contrary to sections 215 and 220 of the Criminal Code, respectively. Both require something more than a simple want of care to give rise to liability. The former is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. The latter is premised on even more egregious conduct that demonstrates a wanton or reckless disregard for the lives or safety of other persons. It is not made out unless the neglect constitutes a marked and substantial departure from a reasonable standard of care. In the instant case, the question is whether there was any want of care on the part of the SO, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or caused his death. In my view, there was not.

The SO was lawfully placed through his engagement with the Complainant. Aware of a person in crisis running into traffic and placing himself at risk, the officer was duty bound to attend the scene to do what he reasonably could to prevent harm coming to the Complainant. His decision to apprehend the Complainant under section 17 of the Mental Health Act was lawful. The Complainant was clearly of unsound mind and a danger to himself.

The officer also comported himself at all times with due care and regard for the Complainant’s health and wellbeing. He calmly attempted to communicate with the Complainant and quickly understood that he required prompt medical assessment. The use of handcuffs was reasonable in the circumstances. The Complainant was highly agitated, and it was necessary that he be restrained if the paramedics were going to have an opportunity to do their job. The SO and the other officers also attempted to pull the Complainant into a seated position as he slid down the stretcher. That too was reasonable, and in fact became urgent when it seemed as if the Complainant might choke on his own vomit. At no point did any officer deliver any strikes of any kind.

In the result, while it remains unclear at this time why precisely the Complainant lapsed into acute medical distress and subsequently passed away, I am unable to reasonably conclude that his death was attributable to any criminal conduct on the part of the SO. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: August 23, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit