A man “is the author of his own misfortune” when he suffered a broken leg when police tried to arrest him in Elliot Lake, a Special Investigations Unit investigation finds.
A male suspect was being sought for several offences, including home invasions, in October 2018.
The man was spotted by police walking with another person on Amsterdam Road.
An Ontario Provincial Police officer maneuvered his unmarked van across a crosswalk at Edinburgh Road in front of the suspect’s path. When the officer got out of the vehicle to arrest the man, the suspect ran, a SIU report says.
The officer was going to chase after him, but he hit a stop sign and lost his glasses as he turned to follow the suspect. The person the suspect was walking with was briefly detained.
The man police sought ran towards the home of the person he was walking with. He jumped down a retaining wall and hurt his right leg.
Other officers found the male, in pain, at the home. He was found “with an obvious broken leg.”
SIU Director Joseph Martino dismissed “some evidence pinning the blame” of the leg injury on the officer who tried to arrest the man. The allegation was the officer chased the suspect, forced him to the floor and threatened him with a weapon.
“I discount this evidence in its entirety as it is simply unworthy of belief,” said Martino. He noted the officer did not chase after the suspect. He was not the first officer to enter the residence.
“I am satisfied that the complainant is the author of his own misfortune and that the subject officer neither caused, nor contributed, to the complainant’s self-inflicted injury in any manner that could attract criminal liability,” said Martino.
Five civilian witnesses and four witness officers who were involved in the incident were interviewed. The subject officer who tried to arrest the suspect was interviewed, but declined to submit his notes. He has that legal right. The SIU also spoke to the injured man.
Two SIU investigators probed the incident.
The provincial agency investigates occurrences involving police and allegations of sexual assault, serious injury or death.
The report can be read at https://www.siu.on.ca/en/directors_report_details.php?drid=463