News Release

SIU Concludes Investigation into Hamilton Arrest of Man Who Had Gun

Case Number: 23-OCI-172   

Mississauga, ON (2 September, 2023) ---
In the evening of May 5, 2023, Hamilton Police Service officers were dispatched to the intersection of Bay Street and King Street West in Hamilton after police received a call about a man waving a gun in the area.  From the driver’s side of his cruiser, the first officer on scene pointed his firearm at the 37-year-old man and ordered him to the ground. Additional officers began to arrive on scene. At some point, another officer ran towards the man from behind, and pushed him in the back with both hands. The man was knocked forward, striking his face on the ground and losing consciousness. At hospital, the man was diagnosed with a fractured nose. On his assessment of the evidence, SIU Director Joseph Martino determined there were no reasonable grounds to believe that an officer committed a criminal offence in connection with the man’s arrest and injury. There was no basis for proceeding with criminal charges in this case, and the file has been closed.
     
Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision): https://www.siu.on.ca/en/directors_reports.php.

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.

Monica Hudon, siu.media@ontario.ca
SIU Communications/Service des communications, UES