No Charges After ARWEN Fired at Man in Niagara Falls
(13 August, 2021) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a Niagara Regional Police Service officer committed a criminal offence when he fired his Anti-Riot Weapon Enfield (ARWEN) at a man during an arrest last April.
On April 16, 2021, Niagara Regional Police Service were called for a dispute between neighbours involving the man. Police were made aware that the man had slashed his neighbour’s tires and threatened to kill him. Additionally, there were concerns the man had access to weapons inside his apartment.
Officers forced open the man’s apartment door, and the man resisted arrest and became violent. Officers deployed an ARWEN and Conducted Energy Weapon. The man, who was arrested, was not seriously injured.
Director Martino concluded that the force used by the officers was reasonable in the circumstances. Accordingly, Director Martino found no basis for proceeding with charges in this case and the file has been closed.
Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision):
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
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SIU Communications/Service des communications, UES