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Barefoot thrashing within an Ottawa police cruiser, rather than a violent arrest, was the more likely cause of a 20-year-old man’s broken ankle, the province’s police watchdog says.
The Special Investigations Unit concluded in a decision released Thursday that there were no grounds to charge an Ottawa police officer involved in the 2017 arrest.
The SIU said civilian witnesses confirmed the accounts of two police officers and not the complainant’s version, who said his ankle was intentionally stomped after he was dragged from a police cruiser and beaten.
“These allegations are disputed by the civilian witnesses, none of whom observed any police officer punch, kick or strike the complainant,” SIU director Tony Loparco wrote. “None of the three witnesses to the complainant’s interaction with police support the allegations of excessive use of force or assaultive behaviour by police.”
The SIU, which investigates incidents involving police where there has been death, serious injury or allegations of sexual assault, was called in after the young man suffered a broken fibula during the Jan. 5, 2017 arrest. Three civilians and two police officers, one of them the subject of the investigation, were interviewed and the civilian watchdog reviewed cell block video, dispatch reports and a 911 call.
A woman had called police at about 4:20 a.m. to report she’d confronted a young man who’d broken into her garage and stolen a backpack and eight to 12 beers.
When two officers responded, they followed footprints in the snow to a nearby home where the suspect answered the door to their knock.
The officer that would later become the subject of the SIU investigation recognized him as someone he’d dealt with earlier that morning for allegedly urinating and masturbating in an ATM lobby. The suspect yelled profanities at them and then slammed the door in the officers’ faces.
One of the witnesses came out of the home and asked police to remove the man because he was under court-ordered conditions to stay away.
The two officers went inside and the young man — who was allegedly drunk and yelling and swearing at police — then either threw an alcoholic beverage at an officer or sprayed the officer with the beverage, according to the civilian witnesses.
After the man resisted arrest, an officer put the man in a headlock, took him to the ground facedown and cuffed him before putting him in the back of a police cruiser, the SIU said.
Once there, the suspect began to “aggressively” kick the window and door frame before, according to the officer, he was able to lower the window to prevent it from being broken. When the young man then started climbing out the open window, the subject officer said that he pulled him safely to the ground and returned him to the back seat. A third officer then arrived and put restraints on the young man’s legs.
In the car and at the station, he complained of a sore ankle. He was later taken to the hospital where an X-ray confirmed a fractured ankle. A cast was applied but the complainant ripped it off and had to be returned to the hospital to have a second one applied.
“The complainant’s medical records indicate that throughout both of his visits to hospital, he was loud, rude, belligerent, spitting, and screaming, and that he urinated himself,” the report said. “According to the records, he was still screaming and yelling when he was wheeled away in a wheelchair after the cast had been applied a second time.”
Loparco concluded that while he couldn’t determine exactly how the 20-year-old broke his ankle, the man’s contention that the subject officer intentionally broke it is “totally disproven.”
Even if he was hurt during the arrest, the two officers’ use-of-force was “measured and proportionate” given the suspect’s “assaultive behaviour” and attempts to resist arrest and flee, the director concluded.
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The Special Investigations Unit concluded in a decision released Thursday that there were no grounds to charge an Ottawa police officer involved in the 2017 arrest.
The SIU said civilian witnesses confirmed the accounts of two police officers and not the complainant’s version, who said his ankle was intentionally stomped after he was dragged from a police cruiser and beaten.
“These allegations are disputed by the civilian witnesses, none of whom observed any police officer punch, kick or strike the complainant,” SIU director Tony Loparco wrote. “None of the three witnesses to the complainant’s interaction with police support the allegations of excessive use of force or assaultive behaviour by police.”
The SIU, which investigates incidents involving police where there has been death, serious injury or allegations of sexual assault, was called in after the young man suffered a broken fibula during the Jan. 5, 2017 arrest. Three civilians and two police officers, one of them the subject of the investigation, were interviewed and the civilian watchdog reviewed cell block video, dispatch reports and a 911 call.
A woman had called police at about 4:20 a.m. to report she’d confronted a young man who’d broken into her garage and stolen a backpack and eight to 12 beers.
When two officers responded, they followed footprints in the snow to a nearby home where the suspect answered the door to their knock.
The officer that would later become the subject of the SIU investigation recognized him as someone he’d dealt with earlier that morning for allegedly urinating and masturbating in an ATM lobby. The suspect yelled profanities at them and then slammed the door in the officers’ faces.
One of the witnesses came out of the home and asked police to remove the man because he was under court-ordered conditions to stay away.
The two officers went inside and the young man — who was allegedly drunk and yelling and swearing at police — then either threw an alcoholic beverage at an officer or sprayed the officer with the beverage, according to the civilian witnesses.
After the man resisted arrest, an officer put the man in a headlock, took him to the ground facedown and cuffed him before putting him in the back of a police cruiser, the SIU said.
Once there, the suspect began to “aggressively” kick the window and door frame before, according to the officer, he was able to lower the window to prevent it from being broken. When the young man then started climbing out the open window, the subject officer said that he pulled him safely to the ground and returned him to the back seat. A third officer then arrived and put restraints on the young man’s legs.
In the car and at the station, he complained of a sore ankle. He was later taken to the hospital where an X-ray confirmed a fractured ankle. A cast was applied but the complainant ripped it off and had to be returned to the hospital to have a second one applied.
“The complainant’s medical records indicate that throughout both of his visits to hospital, he was loud, rude, belligerent, spitting, and screaming, and that he urinated himself,” the report said. “According to the records, he was still screaming and yelling when he was wheeled away in a wheelchair after the cast had been applied a second time.”
Loparco concluded that while he couldn’t determine exactly how the 20-year-old broke his ankle, the man’s contention that the subject officer intentionally broke it is “totally disproven.”
Even if he was hurt during the arrest, the two officers’ use-of-force was “measured and proportionate” given the suspect’s “assaultive behaviour” and attempts to resist arrest and flee, the director concluded.
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