Ontario’s police watchdog has closed an investigation into claims by a Hamilton resident he suffered a fractured wrist and cuts as a result of an altercation with a police officer at his Mountain home in early March.
Special Investigations Unit (SIU) director Joseph Martino terminated the probe citing that medical records from the complainant, required for the probe, did not reveal any serious injury within their jurisdiction.
“As the SIU is without jurisdiction to continue the investigation, Director Martino has closed the file and referred the matter back to the Hamilton Police Service (HPS) for investigation,” SIU spokesperson Kristy Denette said in a release.
HPS disciplined an officer caught by a home security camera becoming “physical” with a 53-year-old in front of his home near Rymal Road East and Upper Sherman Avenue on March 8 during a mischief/domestic call.
Spokesperson Jackie Penman said HPS commenced its own investigation and reached out to the SIU over concerns around the nature of the scuffle posted to Facebook.
Edgardo Pacheco told Global News he was on the receiving end of the physical interaction with the officer and contested the contact was “unprovoked.”
“No way this guy should still keep his job. Not after this,” Pacheco said in a March 14 interview.
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Two officers arrived at Pacheco’s home seeking clarity to a call he made accusing his wife of removing a set of rims and tires that didn’t belong to him from his home.
Pacheco said the matter deteriorated into a shouting match between himself and a male officer saying things went bad when he refused the officer’s command to get back into his house.
He claims he was injured with a potentially broken wrist making it impossible to go back to work in his construction career.
Denette told Global News on the afternoon of March 14, the SIU was still awaiting necessary records from a hospital or medical facility to confirm the nature of the injury.
On Tuesday, Martino said the records did not disclose any serious injury within the mandate of the SIU.
Global News reached out to Pacheco following the SIU closing the matter, but has yet to receive a response as of the publishing of this article.
Penman confirmed to Global News the officer depicted in the video was suspended with pay.
As of April 12, the officer is still suspended pending the outcome of a criminal investigation.
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