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SIU clear Peterborough police officers after woman’s arm broken during arrest at parking lot

The SIU has cleared Peterborough Police Service after a woman suffered a broken arm during an arrest. File / Global News

Ontario’s police watchdog says there’s “no reasonable grounds” to believe a Peterborough police officer committed a criminal offence after a woman suffered a broke arm during an arrest in October 2020.

In his report, Special Investigations Unit director Joseph Martino says around 8 p.m. on Oct. 5, 2020, Peterborough Police Service officers responded to a report of a woman lying on a ramp to the underground parking at the Simcoe Street terminal.

Martino says officers located a 24-year-old woman, who was determined to be of “unsound mind.”

The woman ignored repeated requests by police to vacate the area, Martino says, resulting in officers attempting to arrest her under the Mental Health Act.

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The woman resisted, Martino wrote, but she was eventually apprehended.

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“While doing so, an officer heard a popping sound in her arm,” Martino said. “She was taken to the hospital and diagnosed with a fractured humerus.”

Martino says the SIU’s investigators relied on three witness officer interviews and surveillance video to assist in the investigation. The complainant was unable to be located to be interviewed, and the subject officer declined to be interviewed, as is their legal right, he highlighted.

Martino’s report noted he was “unable to reasonably conclude on the evidence” that the officers did not have lawful grounds to apprehend the woman under the Mental Health Act.

The complainant’s irrational answers to their questions and unusual conduct, including laying down beside a live lane of motor vehicle traffic, gave the officers reason to believe that she was at that moment incapable of taking care of herself because of mental impairment,” he said. 

He did say there was no sufficient evidence to reasonably believe that the subject officer used unlawful force in taking the complainant into custody.“Indeed, aside from lifting the complainant off the ground and then placing her carefully back there, the extent of the force used by the officers involved, taking hold of the complainant’s arms and positioning them behind her back,” Martino wrote. “While it appears the complainant resisted the officers’ efforts to a degree, the evidence indicates that the SO and witness officer No. 1 had little difficulty in taking control of her arms and used only minimal force in the process.”“In the circumstances, one would be hard-pressed to characterize the force used by the officers as excessive or unreasonable.He concluded that there was no basis for proceeding with criminal charges in this case, and the file is closed.“While I accept that the complainant’s right arm was fractured as the subject officer grabbed hold of it to bring it around her back, there are no reasonable grounds to believe that her injury was the result of unlawful force on the part of the officer,” he concluded.
The SIU is an independent agency that investigates incidents involving police that have resulted in death, serious injury or alleged sexual assault.
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