News Release

News Release

SIU Concludes Investigation into Injuries Sustained by Man in Brantford

Case Number: 12-OCI-007   

Mississauga (13 March, 2012) --- The Acting Director of the Special Investigations Unit (SIU), Joseph Martino, has concluded that there are no reasonable grounds to charge two officers with Brantford Police with any criminal offence in relation to the injuries sustained by 35-year-old Wayne Mark in January of 2012.

The SIU assigned three investigators and one forensic investigator to probe the circumstances of this incident.  Both subject officers participated in interviews and provided copies of their duty notes.  Five witness officers and two civilian witnesses were interviewed.

The SIU investigation found that the following events took place on Friday, January 6:
• On the day in question, Mr. Mark was wanted on several outstanding warrants for his arrest.  At about 7:20 p.m., he was spotted in a vehicle on Colborne Street by one of the subject officers.   
• With the assistance of other officers in their vehicles, Mr. Mark’s car was stopped and surrounded.  Mr. Mark immediately exited his vehicle from the rear passenger side and fled the scene.  The two subject officers pursued him on foot, and he was eventually apprehended on Icomm Drive.
• Mr. Mark struggled with the officers during the arrest.  The officers reacted by grounding Mr. Mark and then  using force to secure Mr. Mark’s arms and handcuff them behind his back.
• Mr. Mark was taken to Brantford General Hospital where it was revealed he had a broken orbital bone.

Acting Director Martino said, “While I accept that Mr. Mark’s injuries were likely the result of the force used against him during the arrest process, I am satisfied that the officers were proceeding lawfully to apprehend Mr. Mark and that the force they used was no more than was reasonably necessary to overcome Mr. Mark’s resistance and complete his arrest.”

 

The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must

• consider whether the official has committed a criminal offence in connection with the incident under investigation
• depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
• publicly report the results of its investigations