No Charges Against Guelph Police Officers After Man Suffers Broken Orbital Bone
(14 February, 2022) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that two Guelph Police Service officers committed a criminal offence in connection with a fractured orbital bone suffered by a 42-year-old man in the course of his arrest last October.
On October 17, 2021, officers were called to the Royal Inn and Suites on Carden Street in Guelph for an assault. Officers arrested the man and he repeatedly spat at one of the officers. Officers then forced the man to the ground.
Director Martino concluded that the officers were entitled to resort to a measure of force to prevent the continuation of the man’s behaviour. While the man’s orbital bone was fractured during the takedown, Director Martino said he was unable to reasonably conclude that the injury was due to unlawful conduct by the officers involved. Accordingly, 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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Kristy Denette, email@example.com
SIU Communications/Service des communications, UES