SIU clears Cobourg police officer of injury claims made by arrested man

Ontario’s police watchdog says a police officer in Cobourg was not to blame for a man’s injuries reported after his arrest in January 2024.

The Special Investigations Unit was called on Jan. 17 to investigate injuries reported by a man following his arrest a day earlier.

In his report, SIU director Joseph Martino says around 6 p.m. the Cobourg Police Service responded to a parking lot where a man was reportedly yelling racial slurs and threatening a woman and her children and punching her vehicle.

The man was arrested without incident, transported to the police station and placed in a holding cell.

Martino says the man reportedly smashed his fist on the cell door. About two hours later he complained of pain in his right hand and was taken to Northumberland Hills Hospital where he was diagnosed with two fractures to the right knuckles.

Martino says the video footage obtained from the parking lot showed the man punching the driver’s side window of a vehicle numerous times with his right fist. He also walked up to a man and started punching him.

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The subject officer’s body-worn camera footage showed the officer grabbing the man’s left hand for an arrest.

The man made no mention of any injuries or when he was inside the police cruiser or in the booking room at the police station, Martino noted.

“The complainant told the booking sergeant that he had no injuries,” Martino stated. “He used both left and right hands and showed no favouritism with either hand.”

Martino says based on the evidence gathered, along with witness statements, he said the subject officer was within his rights to detain and arrest the man for assault and uttering threats.

Martino concluded that there was no force used to arrest the man or any evidence the officer struck the man in the face.

“What the video footage from the parking lot and other evidence do make clear, however, is that the fractures are the likely result of the complainant punching a vehicle or engaging in fisticuffs prior to police arrival,” Martino stated.

“For the foregoing reasons, there is no basis for proceeding with criminal charges in this case.”.