The Specials Investigations Unit (SIU) says there are no grounds to lay criminal charges against Peterborough Police Service officers after a man they were engaging fell off a railway bridge and was seriously injured in September 2016.
On Friday, SIU director Tony Loparco released his findings from the investigation.
According to the report, on Sept. 30, 2016, officers were called to a Tim Hortons on George Street North for a “large disturbance” around 7:30 p.m. for a man allegedly harassing and spitting on patrons in the parking lot.
When officers arrived, they were advised the suspect was in the area of the Canadian Pacific railway bridge spanning the Otonabee River near the Holiday Inn. Officers found the man and a woman engaged in a sexual act.
Loparco says when officers approached the pair, the agitated 22-year-old man fled and walked across the train tracks and stood on a cement embankment.
“One of the police officers engaged the complainant in conversation and during the encounter, the complainant fell off the embankment to the hard ground 3.35 metres below,” wrote Lopacro.
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The man required CPR before being transported to hospital.
“He suffered a massive skull fracture and was eventually rushed to the hospital in Toronto,” said Loparco.
The SIU assigned three investigators and two forensic investigators to the incident after being notified two and a half hours later.
Loparco noted a blood sample taken from the man a day later confirmed the presence of cocaine and cannabinoids with a blood-alcohol ratio of 300 milligrams of alcohol per 100 millilitres of blood.
“Just under four times the legal limit for operating a motor vehicle,” he said.
Loparco noted the officer declined to be interviewed and did not provide his memo book for review. The injured man also had “limited recollection” of the events and had continually told paramedics that he did not wish to go to hospital. A witness told the SIU the man took a step backwards on his own volition and fell.
Loparco concluded that the man’s injuries were caused by his own actions with no physical contact by police officers before he fell.
“I can find no evidence to indicate that the complainant’s fall was anything other than an unfortunate accident possibly brought about by his own significant state of impairment and there are no reasonable grounds to find that any criminal offence has been committed,” said Loparco.
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