HUNTSVILLE, ON- After a 69-year-old man was injured during an arrest in Huntsville last year, the officer involved will not be facing any criminal charges.
That’s according to the province’s Special Investigations Unit, who made the announcement today. The arrest had occurred in the retail plaza close to the intersection of John Street and King William Street last July.
Around 12 p.m. that day, officers had gotten a call about someone in the plaza’s parking lot getting in an altercation. The officer who was the focus of the SIU investigation responded to the parking lot, and apprehended the 69-year-old under the Mental Health Act.
There was a struggle during the arrest, and the officer was assisted by three civilians.
“The Complainant sustained some scrapes and related soft tissue injuries, and was transported by the officer to the Huntsville District Memorial Hospital (HDMH), where he was treated for his soft tissue injuries and admitted to the hospital secondary to Form 1 under the MHA,” read the SIU report.
“In the course of the Complainant’s admission or assessment, he complained of rib pain, and at 3:25 p.m., was diagnosed with three rib fractures.”
The Interim Director of the Special Investigations Unit, Joseph Martino, found no reasonable grounds to lay criminal charges against the officer in relation to the man’s arrest.
The following reasons were given:
Pursuant to section 25(1) of the Criminal Code, police officers are restricted in their use of force to that which is reasonably necessary in the execution of an act that they are required or authorized to do by law.
The Complainant’s arrest by the (Officer) for assault was clearly lawful in view of the Complainant’s behaviour just prior to the officer’s arrival.
I am also satisfied that the (Officer)’s use of force fell within the latitude afforded officers in the circumstances that prevailed. While evidence of the arrest varied to a degree, there was ample evidence that the Complainant resisted throughout his arrest, and at no point was the Complainant punched, kneed or kicked.
On this record, it is apparent that the force used by the (Officer) was commensurate with the level of the Complainant’s resistance and, therefore, no more than was reasonably necessary to effect the Complainant’s arrest.
Martino’s report accepted that the man suffered fractured ribs, but found no basis for proceeding with any criminal charges. After stating that finding, Martino’s report indicates the file has been closed.