News Release
SIU Concludes Injury Investigation in Tillsonburg
Case Number: 13-PCI-098
Mississauga (17 May, 2013) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge an Ontario Provincial Police officer with any criminal offence in relation to the injury sustained by a 57-year-old man last month.
The SIU assigned three investigators and one forensic investigator to probe the circumstances of this incident. As part of the investigation, four witness officers and eight civilian witnesses were interviewed. The subject officer participated in an SIU interview and provided a copy of his duty notes.
The SIU investigation found that the following events took place on Monday, April 15, 2013:
• At approximately 8:30 p.m., the subject officer was traveling south on Broadway Street when he saw the man riding his unilluminated bicycle northbound on the west sidewalk of Broadway Street. The officer then witnessed the man cut across the street and ride his bicycle through a red light at Broadway and Concession Streets. The subject officer did a U-turn in his cruiser, pulled up beside the man and ordered him to stop. The man responded by riding his bicycle faster. The bicyclist stopped quickly and ran into a driveway. The subject officer stopped his cruiser, exited, and took flight after him. As he was catching up to the man, they both ran into a fence, which caused them both to fall to the ground.
• The officer handcuffed the man’s wrists behind his back and then saw injuries to the man’s face. The man was transported to Tillsonburg District Memorial Hospital where he was diagnosed as sustaining a fractured jaw.
Director Scott said, “The subject officer had the lawful authority to require the man to stop and provide identification after he witnessed the man commit two Highway Traffic Act offences – operating a bicycle after hours without proper illumination, and careless driving. Once the officer had the authority to stop and require identification, he had the authority to arrest the man for non-compliance. In my view, the injury the man sustained as a result of impacting with the fence and falling over was more likely the result of an accident rather than the intentional use of force. Accordingly, I have no reasonable grounds to believe the subject officer used excessive force while involved in a lawful apprehension.”
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