News Release

No Charges Against York Police Officer After Discharge of ARWEN, Man Seriously Injured During Arrest in Markham

Case Number: 21-OFI-308   

Other News Releases Related to Case 21-OFI-308

SIU Investigating ARWEN Discharge at Man in Markham

Mississauga, ON (14 January, 2022) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a York Regional Police officer committed a criminal offence in connection with the serious injuries suffered by a 35-year-old man after he was struck by an Anti-riot Weapon Enfield (ARWEN) projectile in Markham last September.

On September 16, 2021, officers arrived at the man’s apartment to arrest him for theft and other offences. He refused to surrender and threw a crowbar as well as other objects at the officers from his balcony. After obtaining a warrant to arrest him inside the apartment, officers forced their way in, and the man ran at the door with an exercise weight in his left hand. The subject official discharged his ARWEN at the man. There followed a struggle, during which officers punched the man and handcuffed him. The man was taken to hospital and diagnosed with a fractured left rib, broken nose and lacerated spleen.  

Director Martino found no reasonable grounds to believe that the officers involved used excessive force or comported themselves other than lawfully in the course of their engagement with the man.  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 Communications/Service des communications, UES