News Release
No Charges Against Waterloo Police Officer After Man Falls from Motorized Bike, Breaks Elbow in Attempted Traffic Stop in Kitchener
Case Number: 21-OCI-246
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a Waterloo Regional Police Service officer committed a criminal offence in connection with the broken left elbow suffered by a 31-year-old man after he fell off a motorized bicycle during a traffic stop in Kitchener last August.
On August 5, 2021, the officer attempted to stop the man for a Highway Traffic Act infraction as he was riding a modified motorized bicycle without a helmet on Markwood Drive. As the man passed the officer without stopping, the officer put out his left hand, making contact with the man’s upper body. The man lost control of his vehicle, hit the curb and fell off the bike. He went to the hospital later that day and was diagnosed with a broken left elbow.
Director Martino said he was satisfied that the officer’s use of force was reasonable in the circumstances as he reasonably believed the man was not going to stop as directed. 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
Lisez ce communiqué en français.
Kristy Denette, siu.media@ontario.ca
SIU Communications/Service des communications, UES