A York Regional Police officer who arrested a 63-year-old man whose ribs were fractured last December in Aurora has been cleared of any wrongdoing by the Special Investigations Unit (SIU).
Three officers responded to a 911 call for a home invasion involving two men in the area of Yonge Street and Wellington Street on Dec. 30, 2023, which ultimately led to one of the men fracturing his ribs while resisting arrest.
“There are no reasonable grounds to believe that any of the (officers) committed a criminal offence in connection with the complainant’s arrest and injury”, said Joseph Martino, director of the SIU, the province’s independent agency that investigates the conduct of police in incidents involving death or injury.
The 911 caller, a resident of the address, called to report the home invasion, according to the SIU report. Crying and whispering, she said there were men inside her home with guns. She said she was held against her will.
Police arrived within minutes of the call and entered the residence, the SIU said. The woman and her husband told officers the intruders were in the basement and had firearms. One of the officers left to chase a suspects attempting to escape after he heard glass breaking in the basement. That individual was arrested, and the officer returned to the home.
The officers then entered the basement in search of other suspects. One officer found another man trying to hide in a small space between a furnace and a wall.
“According to the officer, after being found hiding behind the furnace, the complainant refused to come out willingly and instead held onto the furnace,” Martino said.
While trying to pull the suspect out, the officer lost his footing and accidentally fell onto the suspect’s back, landing with his right knee on his body. When he refused to release his arms from underneath him, the officers delivered punches to either side of his head.
“In my view, given the need to immediately neutralize a recalcitrant male they had reason to believe was involved in an armed home invasion, the force used by the officers would seem reasonable,” said Martino.
The man was taken into custody and complained of soreness to his ribs. He asked for an ambulance. The officer told him he was under arrest for robbery, home invasion, and possession of a firearm, and said he was getting him an ambulance.
Police drove the man to Southlake Regional Health Centre, where he was examined and diagnosed with fractured ribs on the right side. He was discharged back to police and held for a bail hearing.
“While I accept that the complainant was injured in the altercation that marked his arrest, the likely result of (the officer’s) knee impacting his back, there is no basis for proceeding with criminal charges in this case. The file is closed,” Martino concluded.
