An Ontario Provincial Police (OPP) officer in Chatham-Kent has been cleared of any wrongdoing by the Special Investigations Unit (SIU) after a man suffered broken ribs and was bitten by a police dog while he was being arrested in Tilbury last summer.
The 49-year-old complainant was arrested on July 25, 2020 and SIU Director Joseph Martino has determined there are no reasonable grounds to believe that an officer committed a criminal offence in connection with the man’s arrest and injuries.
The OPP reported the incident the following day after responding to a suspicious circumstance call at a Hydro Distribution Centre at 22200 Lakeshore Road 303 where two men were seen cutting a hole in the fence, entering a storage building, removing copper wire, and putting it in their vehicle.
Police said the men made a run for it when officers arrived, adding that a police service dog caught one of them. The 49-year-old complainant was then found lying in a ditch trying to hide in tall grass and cattails after jumping over a fence and was arrested after a brief struggle.
The report from the SIU noted that a police service dog bit into the suspect's inner right thigh and held-on until officers arrived, even as the man fought the dog, kicked the animal, and clawed at its face.
Both men were taken by ambulance to the Chatham hospital for treatment of their injuries. The first man to be arrested was treated for a minor dog bite and released to police while the complainant was treated for a dog bite and two fractured ribs before he was released to police. Director Martino said he found no fault with the actions and the decisions of officers that night.
"There is no question that the Complainant and the CW [civilian witness-other suspect] were subject to arrest. They had been caught red-handed on a live video feed stealing copper wire from the hydro property at Lakeshore Road 303, Tilbury," said Martino in a statement. "The use of the police dog, and the strikes delivered by the SO [subject officer-officer investigated], seem to have been reasonable tactics."
Martino said the complainant refused to release his arms to be handcuffed and was given several knee strikes by the subject officer so that he could be handcuffed. Martino added the suspect might have had a weapon and he was unable to "reasonably conclude" that the officer's knee strikes broke the law even if they caused of the broken ribs.
The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.