SIU Director’s Report - Case # 24-OCI-366

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Mandate of the SIU

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.

Information Restrictions

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.

Mandate Engaged

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 25-year-old man (the “Complainant”).

The Investigation

Notification of the SIU[1]

On August 31, 2024, at 6:55 p.m., the Waterloo Regional Police Service (WRPS) contacted the SIU with the following information.

On August 30, 2024, at 3:40 p.m., the WRPS were called for an altercation among youths. It was reported that the Complainant had choked and assaulted a boy. At 4:17 p.m., Witness Official (WO) #1 and WO #3 and attempted to arrest the Complainant. The Complainant became combative and resistant, and additional officers were requested. The Subject Official (SO) and WO #2 arrived on scene. Eventually, the Complainant was grounded, and his hands were handcuffed behind the back. He was transported to the WRPS custody facility at the Kitchener station, where he was held pending a bail hearing. On August 31, 2024, at 9:00 a.m., the Complainant was observed to remove his underwear and attempt to hang himself in a holding cell. Prior to the arrival of officers, the Complainant fell face first to the floor and cut his nose. He was subsequently transported to the Grand River Hospital – Kitchener Waterloo Campus and diagnosed with spinal fractures. The Complainant was later discharged with pain medication and returned to the WRPS custody.

The Team

Date and time team dispatched: 09/03/2024 at 6:30 a.m.

Date and time SIU arrived on scene: 09/03/2024 at 11:15 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on September 3, 2024.

Civilian Witness

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed on September 3, 2024, and October 3, 2024.

Subject Official

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

Witness Official

WO #1 Interviewed

WO #2 Interviewed

WO #3 Interviewed

The witness officials were interviewed September 13, 2024, and September 18, 2024.

Investigative Delay

Investigative delay is attributed to case commitments of assigned SIU investigators.

Evidence

The Scene

The events in question transpired outside in front of a property situated near Ottawa Street North and King Street East, Kitchener.

SIU investigators attended the scene on September 3, 2024. The scene was canvassed but not processed by forensic investigators. No relevant physical evidence would be expected.

Video/Audio/Photographic Evidence[2]

Surveillance Camera Footage

Camera 1

Starting at about 3:50 p.m., August 30, 2024, the Complainant, who was shirtless, was captured stumbling into view. He held a puppy in his hands and kept it away from three females, who pulled at his arms. A female bit him in the right shoulder area as he maintained hold of the puppy in his left hand. Other individuals joined the fray and tried to pry his arm away from the puppy while the female pulled on his right arm at the wrist. The scrum of people moved between trees, obstructing the line of sight as the Complainant was pulled or knocked to the ground.

Starting at about 3:51 p.m., multiple individuals used closed fists to issue haymaker-style punches towards the Complainant, although it was not clear where the strikes landed. Two individuals approached in a quick stutter step and delivered kicks to the area of the Complainant, which were also obscured by trees.

Starting at about 4:38 p.m., two marked WRPS vehicles were parked. WO #1 and WO #3 moved into view from a courtyard as they struggled to control the Complainant. WO #1 was on his left side and applied her body weight down while WO #3 had the Complainant’s right arm extended behind his back. They were able to get the Complainant onto his knees, before he momentarily regained his feet before staggering to the ground, face-down, partially out of view. A male paramedic stood nearby but was not involved in the struggle.

Starting at about 4:39 p.m., the Complainant regained his footing and fled out of view.

Starting at about 4:44 p.m., the Complainant was carried up the driveway in a hobble, handcuffed behind his back. He was lifted to the rear passenger door of WO #2’s WRPS SUV, after which the hobble was removed, and he was secured inside.

Camera 2

Starting at about 4:10 p.m., an EMS unit arrived on scene. Two paramedics exited the ambulance.

Starting at about 4:16 p.m., two marked WRPS SUVs entered and parked at the side of the driveway. WO #1 exited the first WRPS SUV and WO #3 exited the second. They spoke with a woman and WO #1 followed her inside the building.

Starting at about 4:26 p.m., an EMS SUV arrived and parked behind the ambulance.

Starting at about 4:29 p.m., WO #1 and WO #3 spoke with a group of individuals near the rear of the ambulance.

Starting at about 4:38 p.m., WO #1 and WO #3 struggled to control the Complainant in the corner of the grassy courtyard. The Complainant was held on the ground before he regained his feet and attempted to flee. WO #1 and WO #3 retained a hold of his arms as he moved out of view behind shrubs. A paramedic stood close by, as did several residents.

Starting at about 4:41 p.m., the SO arrived with emergency lights activated and parked close to the area where the struggle continued. The distance of the camera and quality of the video prevented an understanding of the details of the struggle.

WRPS Booking and Cell Footage

Starting at about 5:13 p.m., August 30, 2024, WO #1 and WO #2 arrived in the sally port. The Complainant was escorted from the vehicle handcuffed behind his back. He walked unassisted.

Starting at about 5:19 p.m., the Complainant was paraded before a sergeant. He did not readily answer questions, sat on the floor, and resisted the efforts of WO #1 and WO #2 to hold him upright. When asked if he had tried to harm himself, he replied, “Multiple times.” He had consumed non-prescribed drugs. No injuries were mentioned.

Starting at about 5:23 p.m., the Complainant was escorted to a cell by a special constable and WO #2.

Starting at about 5:26 p.m., the Complainant climbed the toilet and washed both feet individually in the sink. He stretched, sat in various positions, and breathed heavily. He appeared in physical discomfort, which gradually increased in intensity.

Starting at about 5:54 p.m., he removed his underpants, soaked them in water, and unsuccessfully tried to cover the cell camera.

Starting at about 7:11 p.m., the Complainant was brought a shirt, which he did not utilize, and requested EMS but refused to explain why.

Starting at about 8:52 p.m., the Complainant lay on his back on the bench, which alleviated his discomfort. He muttered and cursed WRPS officers as he felt he was detained illegally.

On August 31, 2024, starting at about 2:55 a.m., the Complainant appeared to sleep and remained covered in the blanket.

Starting at about 8:16 a.m., the Complainant was awoken and escorted from cell to a holding room by two special constables. The Complainant was handcuffed in front of his body and walked unassisted with a slight limp.

Starting at about 8:20 a.m., the Complainant told a special constable he had requested EMS multiple times and wanted to speak with a sergeant. He refused to return to his cell. Two special constables held the Complainant under the armpits on each side to hold him upright, but he did not utilize his legs. They semi-dragged him through the corridor on his knees and he became verbally abusive. The Complainant winced in pain and complained of a sore back. A special constable and a sergeant were in attendance.

Starting at about 8:22 a.m., the Complainant complained, “A fucking pinching in my back and it keeps fucking shooting up my fucking spine since yesterday.” He pointed to his lower back. A special constable agreed to alert the sergeant and asked if the Complainant was, “Good for a second?” The Complainant sarcastically replied he did not have a choice.

Starting at about 8:27 a.m., the Complainant yelled, “Get motherfucking EMS here before I fucking bash my head open and pour blood all over your fucking cell floors.” He continually verbally abused WRPS officers, threatened self-harm, and yelled profanities.

Starting at about 8:34 a.m., the Complainant tore his underpants into a long strip and constricted it around his throat. He looped an end around his left wrist, looked at the cell camera, and appeared to strangle himself with one hand. He fell backwards onto the bench and rolled face-first to the floor. He immediately stood up, removed the strip around his throat, and screamed, “Help, I’m bleeding from my nose!” He maintained consciousness throughout the incident.

Starting at about 8:36 a.m., a special constable called the Complainant’s name but was ignored. The Complainant remained conscious and hyperventilated over the blanket on the floor. Some blood was visible on the blanket. The special constable asked what happened to his nose, but he kept his face close to the floor and did not look up. He continued to yell profanity and demand EMS.

Starting at about 8:45 a.m., the Complainant reattached the strip around his throat as he sat on the floor with his back to the bench. He tightened it and a special constable said, “Take it off.” The Complainant managed to reply, “Take me to the hospital.” A special constable entered the cell and removed the underwear strip around his neck and took the blanket. The Complainant was informed EMS were on their way.

Starting at about 8:55 a.m., the Complainant sat on the edge of the bench in his cell. He continued his profanity and verbal abuse, and threatened to choke himself with his shorts. He claimed WRPS officers were actors in a game. He denied he had a psychosis, felt it was Friday not Saturday, and demanded to be released immediately.

Starting at about 9:01 a.m., two paramedics and a special constable waited in the booking corridor with a gurney.

Starting at about 9:07 a.m., the Complainant was secured to the gurney. When questioned by EMS, the Complainant said his wrist hurt, he could not feel his spine, his foot was “tingly,” and he bled from his mouth. He blamed the incompetency of WRPS officers who did not attend his cell when he requested EMS. He also told EMS, “I was going to kill myself, so they find me dead in the cell. I choked myself out with my waistband.”

Starting at about 9:12 a.m., WO #2 along with EMS escorted the Complainant into the ambulance inside the sally port. EMS departed the sally port.

Video Footage - Grand River Hospital

On August 31, 2024, starting at about 9:56 a.m., the Complainant entered an emergency room alcove on a gurney with four-point restraints. He sat up while a guard adjusted the restraint on his left wrist. A guard stood on the Complainant’s right side and placed his left hand on the Complainant’s right shoulder to urge him to lie down. He attempted to sit up again, and a guard placed his hand on the Complainant’s chest to hold him down. When he rose again and resisted attempts to lie down, the guard forcibly pushed his chest down.

Starting at about 9:57 a.m., the Complainant became agitated, and the guard applied significantly more force with both hands to keep the Complainant down. Suddenly, the Complainant snapped his head towards the guard as if to headbutt or bite his face, and he reflexively pulled back. WO #2 approached on his right side to hold the Complainant down while the guard held either side of the Complainant’s jaw to control his head.

Starting at about 10:52 a.m., WO #2 and an officer entered the alcove. A constable held a spit shield up to the Complainant, while WO #2 spoke with the Complainant and took notes.

Starting at about 4:28 p.m., the Complainant was covered in a blanket. A guard removed right leg and left arm restraints. WO #2 and an officer entered and unhandcuffed the Complainant’s wrists. He moved off the end of the gurney under his own power and was handcuffed in front of his body.

Starting at about 4:33 p.m., the Complainant was guided out the front doors of GRH with WO #2 on his right and another officer on his left. He walked under his own power towards a parked WRPS vehicles for approximately 70 feet (21 metres) before he dropped his weight and sat on the pavement. He was picked up by WO #2 and an officer by the arms and dragged twenty feet (six metres) before he picked up his legs. He moved another few feet before he buckled his legs and became dead weight. WO #2 and an officer paused as the Complainant sat on the pavement. A third WRPS officer opened the rear passenger side door of a marked WRPS vehicle and parked it closer to the Complainant’s position. The Complainant rolled on the ground with WO #2 and an officer positioned themselves on each side to lift him into the WRPS vehicle. The Complainant was moved to the passenger side.

Police Communications Recordings - 911

At 3:37 p.m., August 30, 2024, a 911 call was received reporting an assault by the Complainant.

At 3:52 p.m., a 911 call was received asking that police response be expedited. The Complainant had tried to steal a dog and assaulted persons when they tried to get the dog back. The Complainant had also been assaulted since the first 911 call was made and might be injured.

At 4:12 p.m., a call was made from WRPS to EMS to ascertain their estimated time of arrival.

At 4:14 p.m., a 911 call was received requesting a second ambulance for a second youth assaulted. The youth was choked and had pressure put on her head. The police were already on scene with the Complainant.

At 8:48:31 a.m., on August 31, 2024, a non-emergency call was placed from the cellblock to police dispatch. The Complainant had a bloody nose, and he had tied a shirt around his neck for an attempted suicide.

WRPS Communications Summary

At 4:06 p.m., August 30, 2024, officers were dispatched to a property in the area of Ottawa Street North and King Street East, Kitchener. One resident had reportedly been choked by another resident. Ambulance services were also dispatched. The subject was known to have a knife, even though no one had seen a knife. He had also been served papers prohibiting his presence on the property.

At 4:38 p.m., a police officer asked for the attendance of additional officers.

At 4:40 p.m., the Complainant was said to have been arrested.

At 9:24 a.m., August 31, 2024, officers were with the Complainant at GRH.

At 4:33 p.m., the Complainant was said to be refusing to walk. He had to be carried to a cruiser.

At 4:37 p.m., the Complainant was transported back to a cell.

At 4:39 p.m., the Complainant bashed his head off the cage in the back seat of the cruiser.

At 4:48 p.m., the Complainant was back at the police station sally port.

Materials Obtained from Police Service

The SIU obtained the following records from the WRPS between September 5, 2024, and September 10, 2024.

  • Names, contact information, and statements of civilian witnesses;
  • Police communications recordings;
  • Computer-assisted Dispatch Report;
  • General, Supplementary and Arrest Reports;
  • Booking and cell block video footage;
  • In-car camera footage;
  • Notes - WO #3;
  • Notes - WO #1; and
  • Notes - WO #2.

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from the Grand River Hospital on September 4, 2024.

Incident Narrative

The evidence collected by the SIU, including interviews with police and non-police eyewitnesses, and video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

In the afternoon of August 30, 2024, WRPS officers were dispatched to a property near Ottawa Street North and King Street East, Kitchener, in relation to a disturbance at the address. There had been a 911 call reporting multiple assaults at the property involving the Complainant.

The Complainant had received a trespass notice and was barred from being at the property. He had attended the area in front of the property on the day.

WO #1 and WO #3 arrived on scene, reviewed video footage of the incident and spoke to witnesses, and decided to arrest the Complainant for assault. The officers approached the Complainant, seated on a couch on the sidewalk in front of the property, and advised him he was under arrest. They took hold of the Complainant’s arms and were met with resistance. The Complainant refused to release his arms and pulled away from the officers. WO #1 and WO #3 wrestled him to the ground but only for a moment. The Complainant was able to right himself and flee a distance before he was re-engaged by the officers. WO #1 radioed for help.

The SO arrived on scene and joined in the scuffle. With his assistance, the Complainant was grounded again. Despite his continued resistance, the officers managed to control his arms behind the back and secure them in handcuffs.

The Complainant was taken to the police station. The following day, while still in cells and following an attempt to hang himself, the Complainant was transported to hospital. He was diagnosed with fractures of the lower back.

Relevant Legislation

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.

Analysis and Director’s Decision

The Complainant was seriously injured at or around the time of his arrest by WRPS officers on August 30, 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 injuries.

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 WO #1 and WO #3 knew of the 911 call to police, and their investigations at the scene, I am satisfied that they had lawful grounds to arrest the Complainant for assault.

I am also satisfied that the force brought to bear by police in effecting the Complainant’s arrest was legally justified. WO #1 and WO #3 had tried and failed to handcuff the Complainant without using of force owing to his determined resistance. The groundings that occurred, the last of which included the SO, constituted reasonable tactics in the circumstances. With the Complainant on the ground, the officers would be in a position to better manage his resistance. Indeed, that is precisely what happened, without the use of weapons or physical strikes. There is evidence that the SO used a knee to put pressure on the Complainant’s back on the ground. That conduct would not seem objectional in the context of the Complainant’s resistance and the need to keep him pinned to the ground.

It remains unclear at the end of the investigation whether the Complainant’s injuries were incurred in the altercation with police or some of the residents (prior to police arrival). Be that as it may, there are no reasonable grounds to believe they are attributable to unlawful conduct on the part of the arresting officers. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: December 27, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit

Endnotes

  • 1) Unless otherwise specified, the information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s findings of fact following its investigation. [Back to text]
  • 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]

Note:

The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.