Ontario's Special Investigations Units has cleared an Elgin OPP officer who pulled a drunk trucker out from behind the wheel of his rig on Hwy. 401, fracturing the man's heel.
The police watchdog began its investigation on March 1, 2017, a day after a police chase on the highway between Chatham and London ended with the arrest of a 38-year-old man. According to the SIU, other drivers traveling in the eastbound lanes began calling OPP about a transport truck that was seen weaving across the roadway around noon on February 28. Officers located and attempted to stop the transport, but it continued on.
A brief chase ensued but was quickly called off for safety reasons. One officer continued to trail the tractor-trailer while others hammered out a plan to stop the vehicle 43 km from where it was first spotted. As the truck approached Colonel Talbot Rd., police stopped traffic on the highway, forcing the trucker to stop as well.
Police ordered the man out of the truck but when he did not comply they forcibly pulled him from the cab to the ground, a roughly three or four foot drop. After a brief struggle the man was handcuffed and arrested for impaired driving. Breath tests taken after the arrest showed the man had twice the legal amount of alcohol in his system. A partially consumed 40 ounce bottle of whisky was found between the seats in the cab of the truck, along with a receipt showing it had been purchased from the Detroit border crossing early that day.
Following the arrest, the man complained of a sore foot and was take to hospital. Tests showed the man had suffered a "high energy impact" injury that fractured his left heel.
Investigators were able to get video and audio recordings leading up to the traffic stop but none of the actual arrest. The man had no memory of the arrest and his recollection of events prior to being stopped was contradicted by the physical evidence, the SIU said.
In a written decision released Monday, SIU Director Tony Loparco states that the amount of force used by the officer was justified given the circumstances.
"[The subject officer] used no more force than necessary to remove the [man], who had already failed to stop for police and continued to pose a danger to other motorists as long as he continued to sit behind the steering wheel of his motor vehicle with the key still in the ignition and thus continued to have the capability of starting his vehicle up and driving away," said Loparco. "The danger was further highlighted when police officers observed the (man's) vehicle move slightly forward, putting both the police vehicles parked in front of his truck and other motorists at risk... the methods used by police officers to gain control and handcuff the [man] were not of such a nature as to cause his injury and no further force was used once the handcuffs were applied."
The SIU conducts criminal investigations into incidents involving police and civilians that have resulted in serious injury, death, or allegations of sexual assault.