(File photo by Maureen Revait, BlackburnNews.com)

SIU clears Windsor police in December arrest

The provincial law-enforcement oversight agency has cleared Windsor police after officers fractured a man’s collarbone during an arrest a few days before Christmas.

The Special Investigations Unit (SIU) released its report Wednesday concerning the December 22, 2018 arrest of a 42-year-old man who was arrested in accordance with the Mental Health Act.

According to the report, police were called to the lobby of an apartment high rise on Chatham Street East and Goyeau Avenue, where the man’s wife informed them that her husband was depressed and had access to weapons. During their talk, the man got off an elevator and left the building through a door on University Avenue East. The report indicated that the man had two knives and a baseball bat on him.

The officers tried to get the man’s attention on the street. When he didn’t respond, one officer grabbed him and put him on the ground, handcuffed him and took him into custody. The man then complained about pain in his right shoulder and was taken to hospital, where a fractured collarbone was diagnosed.

The SIU took over the investigation after it was determined the man was injured in the presence of police officers. Upon its probe, it was determined there were no grounds to believe either officer acted inappropriately.

“It is unfortunate that the complainant suffered a fracture to his clavicle while being apprehended by the police, whether the result of being grounded or handcuffed,” wrote SIU interim director Joseph Martino. “However, as the force used by the officers was in my view legally justified, there are no grounds for proceeding with charges in this matter and the file is closed.”