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 35-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 14, 2025, at 3:42 a.m., the Windsor Police Service (WPS) contacted the SIU with the following information.

On May 13, 2025, at 10:04 p.m., WPS responded to an apartment in the area of Riverside Drive West, Windsor, in connection with an incident of intimate partner violence involving the Complainant and his girlfriend. The Complainant’s girlfriend had fled the home prior to police arrival. An ensuing investigation indicated that the Complainant had reportedly assaulted his girlfriend and was in breach of a no-contact condition in a probation order. The Complainant was arrested at 10:21 p.m. Although he was somewhat resistant, the officers were only required to take physical control of the Complainant’s arms to gain compliance. The Complainant was placed in the side compartment of a transport vehicle to be transported to the holding cells. At 10:40 p.m., prior to departing the scene, the Complainant was observed banging his head against the interior wall. Emergency Medical Services (EMS) were requested by police, arriving at 11:09 p.m. The Complainant was transported by EMS to the Windsor Regional Hospital – Ouellette Campus (WRH) for both a mental health evaluation and an assessment of a potential injury. He exhibited violent behaviour and physically swung his head at the wall on several occasions. The Complainant underwent a computed tomography scan and was diagnosed with a bilateral bone fracture to both sides of the nose.

The Team

Date and time team dispatched: 2025/05/14 at 7:39 a.m.

Date and time SIU arrived on scene: 2025/05/14 at 8:34 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on May 14, 2025.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed between May 14, 2025, and May 30, 2025.

Subject Official (SO)

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

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed on May 30, 2025.

The Scene

The events in question transpired in and around the hallway outside an apartment in the area of Riverside Drive West, Windsor, and in and around a WPS transport van stopped outside the front entrance of the building.

Officers first interacted with the Complainant in the hallway outside of the apartment. Following his arrest, they moved to outside the complex. The Complainant was placed into the rear of a transport van, which was made of metal walls and seat.

Video/Audio/Photographic Evidence[2]

WPS Communications Recordings

On May 13, 2025, a woman phoned 911 and reported that her boyfriend [the Complainant] had attacked her. The call disconnected and the call-taker’s return attempts went unanswered.

WO #1, WO #2 and the SO arrived at the residence at 10:15 p.m.

At 10:21 p.m., WO #1 reported that the Complainant was in custody.

At 10:28 p.m., WO #1 reported that the Complainant was banging his head in the transport van, prompting the SO to request the attendance of EMS. EMS arrived and, at 11:18 p.m., WO #1 rode with the Complainant in the ambulance to WRH.

At 11:41 p.m., WO #1 reported that the Complainant had struck his head against the emergency room wall and then continued to bang his head against a leather chair. The Complainant was placed in four-point restraints at 12:12 a.m., May 14, 2025.

At 3:14 a.m., WO #1 reported that the Complainant had a fractured nose, and it was unknown how the injury occurred or if the injury was historical.

Video Footage – Apartment Building

WPS officers arrived at 10:15 p.m., May 13, 2025.

At 10:29 p.m., the SO, and WO #1 and WO #2, exited the building with the Complainant, who was handcuffed. The Complainant was compliant, and WO #1 sat him on a bench outside.

At 10:34 p.m., a prisoner transport van arrived, and WO #1 walked the Complainant towards the van and out of camera view.

At 10:38 p.m., the Complainant was walked back into camera view and dropped to his knees on the grass. The SO and WO #1 walked him over to, and sat him back on, the bench.

At 10:46 p.m., the Complainant rocked back and forth violently, appearing to strike his head on his leg. WO #1 stood behind him and appeared to hold onto his shoulders, preventing him from rocking forward any further.

WPS In-car Cameral (ICC) Footage

At 11:00 p.m.,[3] May 13, 2025, the Complainant was placed inside a prisoner van by WO #1. There was no obvious injury to his face. The Complainant asked WO #1 for her name.

At 11:02:15 p.m., the Complainant started to rock forward, striking his forehead against the compartment wall in the prisoner van upwards of 20 times with significant force.

At 11:02:51 p.m., the SO opened the door and requested that the Complainant stop. The Complainant continued to strike his head.

At 11:03 p.m., the SO pulled the Complainant out of the van, and the Complainant requested an ambulance. Off camera, the SO said, “Stop, that’s enough.” The Complainant responded, “Help, I’m getting assaulted.”

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from WPS between May 15, 2025, and May 23, 2025:

• Communications recordings
• Computer-aided Dispatch Report
• Occurrence Report
• Ontario Criminal Court Probation Order – the Complainant
• Interior ICC footage
• Notes – WO #1, WO #2 and WO #3
• Policies – Arrest, Use of Force, and Intimate Partner Violence

Materials Obtained from Other Sources

Between May 22, 2025, and May 30, 2025, the SIU obtained the following records from the following other sources:

• The Complainant’s medical records from WRH
• Video footage from the apartment building

The evidence collected by the SIU, including interviews with the Complainant and 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 chose not to interview with the SIU or authorize the release of his notes.

In the evening of May 13, 2025, WPS officers were dispatched to an apartment in the area of Riverside Drive West, Windsor. A woman had contacted police to report that she had been assaulted by the Complainant. Officers, including the SO, arrived at the address at about 10:20 p.m. and arrested the Complainant, handcuffing him behind the back.

The Complainant was escorted out the building into a prisoner transport van. While in a compartment of the van, he started to bang his forehead off a wall and was removed by the SO. Paramedics were called to evaluate the Complainant for any injuries he might have caused himself.

While waiting for the ambulance to arrive, the Complainant was seated on a bench. He started to strike his forehead with the top of his legs, prompting one of the attending officers – WO #1 – to restrain him from doing so. At the hospital while seated on a stretcher in the emergency department, the Complainant again struck his head off a wall. WO #1, again, prevented him from continuing to do so by holding him down on the stretcher.

The Complainant was eventually diagnosed at hospital with a broken nose.

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.

On May 13, 2025, the Complainant was seriously injured while in the custody of the WPS. 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 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.

There is an account in the evidence regarding what happened to cause the Complainant’s injury that, if true, would give rise to criminal liability for excessive force, but it would be unwise and unsafe to rest charges on the strength of this information. It is contested by the evidence of the two witness officials, who were present and participated in the arrest, each of whom say that the Complainant’s arrest was largely uneventful and that no force was used. It is further belied by the account of a civilian witness, who neither saw nor heard anything consistent with the type of force alleged. Video footage of the incident also contradicts key aspects of the account proffered in the evidence of excessive force. As for the Complainant’s injury, that is likely to have occurred on one or more of the occasions that the Complainant intentionally banged his own head, and has nothing to do with any conduct on the part of the officers.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: September 11, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit