TIMMINS - While officers are cleared of criminal wrongdoing after a man was seriously injured during an arrest, Timmins Police was late notifying the Special Investigations Unit (SIU).
Ontario's police watchdog was called to investigate the Nov. 17, 2024, arrest of a robbery suspect — a 22-year-old man, who suffered a fractured jaw, broken nose and loose and missing teeth.
SIU director Joseph Martino cleared the officer of criminal wrongdoing in a report released on March 18. In doing so, he noted an apparent late notification of the incident to the SIU.
"Late notifications of this nature jeopardize the integrity of SIU investigations, detract from the SIU's independence and credibility, and undermine the public’s confidence in policing and policing oversight," wrote Martino, who is raising the matter to the Timmins Police chief and notifying the Law Enforcement Complaints Agency.
The SIU is an arms-length agency that investigates police-involved incidents where there has been a death, serious injury, allegations of sexual assault, or the discharge of a firearm at a person.
Martino's report details what happened the night of the incident.
Around 11:30 p.m., Timmins Police were called to the Circle K convenience store at 287 Algonquin Blvd. W. for a theft in progress. The caller described two male suspects, who officers found behind a business at 100 Wilson Ave., which is three blocks away.
One of the responding officers chased the suspect across Algonquin Boulevard, past Little Caesars, through the Wendy's parking lot and over a metal railing into the Hollinger Court laneway.
The officer caught the suspect and hit him, but the suspect escaped and kept running. Rounding the back of Hollinger Court near the parking lot, the second officer hit and grounded the suspect.
Both of the officers ended up on top of the man, who the SIU says was resisting and "refused to give up his hands from under his body."
"The complainant was struck several times in the head on the ground before the officers handcuffed his arms behind the back," reads the report.
Martino's report also explains why there are no criminal charges.
Under the Criminal Code, he noted that police are "immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law."
The evidence around the force used by officers is short of "reasonable establishing it was excessive."
For a man running from police, he said the takedowns are a reasonable apprehension tactic.
"Forcing the complainant to the ground would accomplish the twin goals of bringing his flight to an end while positioning the officers to better manage any continuing physical resistance that they could reasonably expect from a fleeing suspect. With respect to the several punches struck by the officers, I am unable to reasonably conclude that the force was unwarranted in light of evidence that the complainant continued to resist after he was grounded and refused to release his arms to be handcuffed," he wrote.
While the injuries are the result of the two takedowns and punches to the head, Martino determined there are "no reasonable grounds to believe that they are attributable to unlawful conduct on the part of either subject official."
Under the Special Investigations Act, police are required to immediately notify the director after an incident that meets the criteria for an SIU investigation.
This incident was reported to police at 8:20 a.m. on Nov. 18. The director says there's evidence that the service was aware of the man's injuries as early as 3:30 a.m.
