SIU clear Peterborough police officers after man injured during arrest outside grocery store

Ontario’s police watchdog says two Peterborough Police Service officers did not commit any offence when a man was injured during his arrest outside a grocery store earlier this year.

According to the Special Investigations Unit, around 1:10 p.m. on May 19, officers were called to the parking lot of the No Frills grocery store on George St. North for reports a  40-year-old man had allegedly committed a theft and threatened staff when confronted.

In his report, SIU director Joseph Martino says two officers forced the man onto the ground and arrested him. The man suffered a head and eye injury and although he refused treatment, was taken to Peterborough Regional Health Centre by paramedics. Martino said the laceration was stapled, and the man was diagnosed with a small subdural hematoma.

Martino noted the investigation included witness testimony and review of a video recorded by a witness and surveillance footage from the store. Global News Peterborough also received footage of the event in which an officer is pointing what he says is a “Taser” and repeatedly asks a man to “get down on your knees.”

“If you don’t get down on your knees now you’re going to get tased,” an officer says.

The man asks the officer several times to “stand down,” while claiming he was “unarmed” and “has a bad heart.”

About a minute into the footage, the man begins walking away as a police cruiser arrives and another officer exits and rushes to the man and grabs him.

Martino says although the man suffered an injury during the arrest, the officers did not use excessive force.

“I am satisfied that neither SO (subject officer) 1 nor SO 2 used excessive force in taking the complainant into custody,” Martino concluded.

“Given the nature of the threat the complainant had made against the store staff, the officers had cause to be concerned that the complainant was armed with a firearm.  And his belligerence when confronted by the officers did little to allay their concerns.”

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Martino noted the man was not armed.

“While I accept that the complainant’s injury occurred during the takedown, there are no reasonable grounds to believe that either subject official comported himself unlawfully throughout this incident,” he wrote.

“Accordingly, there is no basis for proceeding with criminal charges in this case, and the file is closed.”

The SIU investigates all police involved incidents when there are civilian injuries or death or a sexual assault has occurred.