Ontario's Special Investigations Unit (SIU) has ruled there are no reasonable grounds to lay criminal charges against a Sarnia police officer after a man suffered a serious injury while being arrested.
In August of 2017, a 48-year-old man sustained fractures to his face in a struggle with officers.
The SIU said a suspect wanted on outstanding warrants issued by Petrolia OPP, fled on foot after a short vehicle pursuit, and a struggle ensued in a narrow alleyway between a residential garage and wooden fence.
The SIU Director found that if one of four arresting officers intentionally delivered a knee strike to the complainant, it did not amount to an excessive use of force given the circumstances of the struggle with a frantic and resistant male in a confined area.
Tony Loparco says he was unable to determine if a deliberate knee blow was delivered.
He adds that use of a Taser or pepper spray were not viable options in such a confined space, and the officers had no choice but to use physical force.
In its investigation, the SIU interviewed three civilian witnesses and six witness officers.
The Special Investigations Unit is a civilian agency that investigates incidents involving police where there has been death, serious injury, or allegations of sexual assault.