News Release
Ontario Provincial Police Officer Charged
Case Number: 05-PCI-160
On October 2, 2005, OPP officers detained Jose Schwendener in a field off Highway 3 in Cayuga. During the course of the detention, Mr. Schwendener suffered a fractured cheekbone and a concussion. The police released Mr. Schwendener unconditionally. He later admitted himself to hospital for treatment of his injuries.
On October 3, 2005, the OPP became aware of the extent of Mr. Schwendener's injuries and notified the SIU. Four SIU investigators were assigned to probe the circumstances of the arrest.
Based on the results of the SIU investigation, the Director concluded there are reasonable grounds to believe that Constable Brandon Wilson from the Haldimand County detachment of the OPP committed the offence of assault causing bodily harm, contrary to section 267(b) of the Criminal Code of Canada.
A summons has been issued requiring Cst Wilson to appear at the Ontario Court of Justice in Cayuga on April 19, 2006, to answer to the charges. Justice Prosecutions of the Ministry of the Attorney General will have carriage of the prosecution.
As this matter is now before the courts, the SIU will make no further comment pertaining to this investigation.
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