Halton Police Officer Cleared in Oakville SIU Investigation
A Halton police officer has been cleared by the province’s Special Investigations Unit in relation to an interaction involving a man who was injured in Oakville.
There are no reasonable grounds to lay criminal charges, said SIU director Tony Loparco.
The degree of force used “fell within the range of what was reasonably necessary in the circumstances to effect his lawful detention,” Loparco said.
The incident took place on March 5, 2016 outside Lourice restauran - which has since closed in the plaza across from Sheridan College - at 2:15 a.m.
Police were dispatched after the 35-year-old man - who was apparently intoxicated - became involved in arguments with several people.
The man had also been yelling he’s a soldier and threatened to kill everyone in the restaurant, according to witnesses.
The man was outside when officers arrived — he was unsteady on his feet and his speech was slurred.
In addition, he appeared agitated and aggressive, and continued to yell.
Despite being told by an officer to stay calm, the complainant kept walking toward the officer in an aggressive manner and wouldn’t back away.
The officer tried to arrest the man for public intoxication, but the complainant resisted.
Other officers responded to a request for backup.
The police officers handcuffed the man, bringing him to his feet and walking him toward a cruiser.
But the struggle continued outside of the vehicle.
“In order to gain compliance and to avoid the assaultive behaviour of the complainant,” the officer delivered two to three palm heel strikes to the man’s face.
As the complainant continued to resist, the subject officer brought the complainant to the ground.
The complainant was released from the police station at 8:30 a.m. and went to the hospital later that day where he was diagnosed with a broken nose.
“I find that the degree of force with which the complainant was taken to the ground and in the delivery of the palm heel strikes to his face fell within the range of what was reasonably necessary in the circumstances to effect his lawful detention,” said Loparco.
The SIU was notified of the incident by the complainant on March 9, 2016 at 11 a.m.
The arm's length agency investigates reports involving police where there has been death, serious injury or allegations of sexual assault.
Photo courtesy of Halton Regional Police
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