While he was left with a fractured jaw, missing teeth and a nasal fracture, police in Timmins didn’t use excessive force in arresting a suspect wanted for a convenience store robbery last November.
That’s the conclusion of the investigation into the incident by Ontario’s Special Investigations Unit (SIU).
The investigation found that police responded to the robbery at the Circle K store on Algonquin Boulevard West on the evening of Nov. 17.
Police were told two men were robbing the store, and officers arrived a few minutes later.
Police “observed the males fleeing in the area of 100 Wilson Ave., about three blocks away from the scene of the theft. The officer chased one of the males on foot,” the SIU investigation said.
“The male being chased was the complainant. The complainant ran northward towards Algonquin Boulevard West, crossed the street, and continued his flight towards a metal railing at the north end of a Wendy’s parking lot.”
A police officer took him down as was climbing over the railing, but the man continued to resist arrest.
Taken to the ground
“Following a brief struggle on the ground, during which the officer struck him in the head, the complainant rose to his feet and fled east and then north behind the plaza at 100 Waterloo Rd.,” the SIU said.
“As he rounded the corner of the plaza and continued west in the parking lot, the complainant was confronted by (police) and taken to the ground again. The complainant was struck several times in the head on the ground before the officers handcuffed his arms behind the back.”
He was arrested and then sent to hospital, where he was diagnosed with a fractured jaw, a broken nose and loose and missing teeth.
SIU director Joseph Martino said the evidence shows that there’s no evidence police broke the law in arresting the man. Police had valid reason to believe he was responsible for the theft at the convenience store and he was seen running away from the scene of the crime.
“The two takedowns seem a reasonable apprehension tactic in the context of a male fleeing from arrest,” Martino wrote.
“With respect to the several punches struck by the officers, I am unable to reasonably conclude that the force was unwarranted in light of evidence that the complainant continued to resist after he was grounded and refused to release his arms to be handcuffed.”
While clearing the Timmins police officers, Martino did comment that he was unhappy that the SIU appears to have been notified about the incident later than they should have been.
“The matter was not reported to the SIU until 8:20 a.m., Nov. 18, 2024, even though there is evidence that the service was aware of the nature and extent of the complainant’s injuries as early as 3:30 a.m.,” he said.
“Late notifications of this nature jeopardize the integrity of SIU investigations, detract from the SIU’s independence and credibility and undermine the public’s confidence in policing and policing oversight.”
Martino said he would be raising the issue with Timmins Police Chief Sydney Lecky and would be notifying the Law Enforcement Complaints Agency.
Read the full SIU report here.
