No Charges Against Sudbury Officer After Man Suffers Serious Injury
(5 May, 2022) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a Greater Sudbury Police Service (GSPS) officer committed a criminal offence in connection with a fractured left knee suffered by a 38-year-old man in January.
On January 4, 2022, officers were dispatched to a bus terminal on Elm Street in Sudbury after the man reportedly assaulted a transit security officer and a transit user. The security officer (a civilian witness) and GSPS officers took the man into custody for trespassing and assault. The man complained of pain and was taken to hospital where he was diagnosed with a serious injury.
Director Martino said he was satisfied that the subject official was entitled to apply a measure of force to subdue the man, and the tactic – a takedown -- was reasonable in the circumstances. At the conclusion of the investigation, it remained unclear whether the man’s knee injury was incurred by the police or in his altercation with the civilian witness. In any event, Director Martino was satisfied the officer involved comported himself lawfully throughout his engagement with the man, leaving no basis for proceeding with criminal charges against the officer.
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, firstname.lastname@example.org
SIU Communications/Service des communications, UES