News Release
Man’s Injury Self-inflicted While Inside Police Cell; SIU Discontinues Windsor Investigation
Case Number: 20-OCI-271
The Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into the serious injury sustained by a 59-year-old man in Windsor in August of 2020. The injury came to the attention of the police on October 16, 2020, who, in turn, notified the SIU. An investigation was commenced.
In the early morning hours of August 23, 2020, the man was arrested by Windsor Police Service officers for public intoxication and placed in cells. At approximately 4:40 a.m., while handcuffed and shackled in a cell, the man was captured on video striking his left leg shackle against a fixed post at the base of the cell bench. Days after time spent in custody, the man was diagnosed with a fractured left ankle.
Director Martino said, “Based on the SIU’s inquiries to date, it is apparent at this time that there is patently nothing to investigate as far as the potential criminal liability of any police officer is concerned vis-a-vis the man’s injury. There are no questions raised with the lawfulness of his arrest. Though clearly intoxicated and belligerent, there was no indication in the custody video that the man was physically injured on his arrival at the station. As there is no question on this record of any want of care on the part of the police during the man’s time in custody, and clear indication that his fractured ankle was self-inflicted, the investigation is hereby discontinued and the file is closed.”
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