News Release

No Charges Against Waterloo Police Officer After Man’s Face Fractured During Arrest

Case Number: 21-OCI-271   

Mississauga, ON (21 December, 2021) ---
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 fractured orbital bone suffered by a 32-year-old man during his arrest last August.

On August 23, 2021, police were called about a domestic disturbance involving the man. An officer on patrol saw the man walking on Elgin Street. The officer attempted to arrest the man, who was also wanted on a warrant. The man ignored the officer’s repeated commands and punched the side of the officer’s head. He also attempted to gouge at the officer’s eyes. The officer punched the man and subdued him in a prone position before he was handcuffed.

Following his arrest, the man was taken to hospital where he was diagnosed with a fracture to his left orbital bone.

Director Joseph Martino concluded that the officer’s use of force was legally justified in the circumstances. The file has been closed.

Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision): https://siu.on.ca/en/directors_report_details.php?drid=1717

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