An independent investigation into the actions of two Montreal public transit inspectors has concluded that the officers were justified in their use of force during the arrest of a citizen at the Jean-Talon Metro station last April.
At the time, a transit user’s cellphone video showing two officers restraining and hitting a Black person on the ground, drew outrage on social media prompting calls for an investigation.
Marco Gaggino, a lawyer specializing in police ethics, was tasked with conducting an independent investigation following an internal probe into the incident by the Société de transport de Montréal (STM).
In a report released by the STM on Tuesday, Gaggino agreed the cellphone video capturing the arrest was disturbing and shocking. However, after reviewing the circumstances surrounding the April 17 incident, Gaggino found the STM inspectors acted appropriately and used reasonable force.
Gaggino reviewed STM surveillance camera footage, audio recordings of radio transmissions and also consulted with an expert on the use of force to draw his conclusions.
The incident was sparked when the two STM inspectors observed a person going over the turnstile without paying for their fare. Gaggino said the STM cameras show the person going over the turnstile.
In the next 17 minutes, the officers are seen discussing with the individual. “At no time do we see any aggressive or inappropriate gestures by the inspectors,” Gaggino wrote.
After trying unsuccessfully to obtain the person’s name or address to issue a ticket for the infraction, Gaggino said the inspectors were within their right to make an arrest before handing the individual over to a Montreal police officer of the peace.
However, after being placed under arrest the person is seen attempting to flee prompting the two officers to initiate a pursuit.
Gaggino said it was an appropriate response due to the proximity of the metro platform and the potential risk of serious injury or even death of all involved, including other transit users.
At this point, Gaggino said the individual was actively resisting arrest.
The cellphone video shows part of what happened next with one of the inspectors hitting the individual who is seen biting the officer on the leg. Gaggiano says the strikes by the officers were “diversionary” and were enacted to put a stop to the biting. The agent exhibited three bite wounds when he presented at hospital later that evening.
Audio of the interaction showed the officers repeatedly and clearly asked the person to place their hands behind their back and to stop resisting.
“There were no inappropriate comments or aggressive language used on the part of either one of the agents,” Gaggino said.
In his report, Gaggino also dismissed concerns that the actions carried out by the STM officers may have been racially motivated.
To avoid similar situations in the future, Gaggiano made several recommendations including equipping STM security agents with body cameras as well as adding more surveillance cameras to the network to ensure there are no blind spots.
He also suggested the STM review its procedures surrounding requests for external support and called for better training for agents on underground pursuits.
The STM, for its part, said it was pleased with Gaggino’s findings.
“The main conclusion of the independent investigation report indicates that our inspectors did follow the rules that apply in such circumstances. Prevention and de-escalation are always prioritized in the daily actions of our staff,” said Philippe Schnobb, chair of the STM board of directors, in a news release.
The STM said it will now take time to analyze the reports’ recommendations.
The individual at the centre of the incident is facing criminal charges with a trial date set for Dec. 6.
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