Two Guelph police officers have been cleared of any wrongdoing after Ontario’s Special Investigations Unit announced they will not face charges following the arrest of a 64-year-old man in January.
SIU director Joseph Martino said on Friday that the arresting officers did not commit a criminal offence in connection to the man’s arrest and injuries.
An officer went to the man’s home on Stevenson Street North to arrest him on Jan. 12, because there was a warrant out for him after he had failed to appear in court.
The SIU said police even called the man earlier in the day and that the man was aware of the warrant. The officer showed up and spoke with the man on the front porch area of the house.
“The complainant initially indicated that he would go willingly with the officer, but soon had a change of heart,” the SIU said in its report.
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A struggle ensued which was captured in a cellphone video by a witness.
The SIU said the officer can be heard in the video repeatedly asking the man to give up his arm that was holding onto the railing of the steps. When the man did not comply, the SIU said the officer yanked the man to try and dislodge his grip, partially dislodging the railing from the concrete base of the steps.
The SIU added that there were several more knee strikes before the man actually let go of the rail and was pulled to the ground.
The struggle then continued with the man laying down in the front door frame and the officer on his feet.
The suspect then let go of the officer’s leg before more officers arrived on the scene and took the man into custody.
The man was later diagnosed at Guelph General Hospital with rib fractures.
In his report, Martino said no officer involved in the arrest used excessive force while arresting the man.
“Notwithstanding the complainant’s age, he proved a formidable physical challenge,” he said. “While not directly assaultive, the complainant was bent on resisting his arrest.”
The full report can be found on the SIU’s website.
The SIU is an arm’s length agency that investigates events involving police in Ontario that have resulted in death, serious injury, or reports of sexual assault.
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