of ontario special investigation unit A says Kawardha Lakes City Police Service The officer did not commit any criminal offense after a person was injured powered energy weaponeither TaserDuring an arrest in March 2022.
in that report good released on Tuesday, SIU Director Joseph Martino said that on March 7 at around 7.30 pm, two municipal police officers answered a woman’s 911 calls domestic incident Joining her and her husband in Lindsay, Ont.
Martino’s report said the dispatch heard a man shouting and abusing a woman, and the phone line was disconnected. After contact was re-established, the dispatch also reported the sound of breaking glass.
Martino said the husband let officers into the house and they went to the second floor to talk to the wife. However, Martino says the man got angry because the officers didn’t take off his shoes before going to the second floor.
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“He tried to go up the stairs, possibly to confront the officer about the situation, but the other officer stopped him,” Martino said. “The man drove the officer out of his way and was told he was under arrest for assault.”
Martino says the man refused to accede to the demand to turn. This resulted in an officer firing his CEW, Martino said.
Martino said the man fell and broke his left clavicle after hitting the floor.
After the investigation, Martino said that given the nature of the 911 call and the discovery of damaged property (broken vase) and an intoxicated complainant, he said the subject officer had reason to be concerned about renewed hostility. And was “within my rights” to temporarily block. Man’s way
“Thereafter, when the complainant responded by pushing the officer, the subject officer had grounds to arrest him for assault,” Martino concluded.
He said the use of CEW was “legally justified”.
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“Given the recent physical exchange, the complainant’s belligerence and intoxication, and his refusal to turn as directed, the officer could reasonably expect that the complainant would physically resist his arrest,” Martino said.
“On this record, I am satisfied that the subject officer was entitled to resort to his CEW, If successful, the deployment of the weapon will temporarily immobilize the complainant remotely, neutralizing the risk of violent physical altercation. Actually, that’s what happened.”
Martino said that although it was “regrettable” that the man suffered injury, “there was no reasonable basis to believe that the officer unlawfully presented himself at his resort for weapons.”
“Accordingly, there was no ground to proceed with criminal charges in this case. The file has been closed,” he concluded.
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