An OPP officer in Chatham-Kent has been cleared of any wrongdoing after a 24-year-old woman suffered a broken nose and concussion during an arrest.
The Special Investigations Unit (SIU) released a detailed report of the 2018 encounter on Thursday. The report stated that a vehicle was stopped in Chatham on March 11, 2018, shortly after midnight. The 24-year-old woman said she dropped her cellphone and reached down to pick it up, causing the vehicle to swerve on the roadway.
The driver was suspected of drinking alcohol and was asked to provide a breath sample. According to the SIU report, the driver refused and instead asked to speak with a lawyer. However, when the woman was given the opportunity to call a lawyer, she didn't. It's alleged that the driver then refused to give a breath sample or get out of the vehicle. The report stated that the driver then turned on the ignition, which is when the primary officer opened the driver's door to prevent her from driving away.
At that point, the driver allegedly took a swing at the officer. Following some back and forth, the driver was pulled from the vehicle, but she hit the pavement face first -- which is believed to be the cause of her injuries.
A witness and friend of the driver recorded video of the altercation on their cellphone, however, the recording didn't start until the driver was on the ground.
During the search and arrest process, it's alleged that the driver also spat blood at the officers.
The 24-year-old woman was taken to the Chatham-Kent Health Alliance after she was arrested but refused medical treatment initially. She did eventually go to a hospital in London after she was released from police custody.
"While it is clear that the OPP officers used relatively significant force during the complainant’s arrest, I am unable to conclude that the level of force exceeded the scope of that permitted by law," said in the report by Tony Loparco, director of the SIU. "I do not believe the complainant is a credible witness and I am not satisfied that her memory is accurate."
Following the arrest, the driver was charged with impaired operation, resisting arrest, and assaulting a peace officer. Meanwhile, the SIU investigation has been closed.