Police Not Facing Charges After Man Arrested in Burlington
Halton Police officers will not be facing charges following the arrest of a man in Burlington.
According to the province’s Special Investigations Unit (SIU) on March 14, 2018, shortly before midnight, Halton Police were dispatched to downtown Burlington due to a man who had reportedly knifed a vehicle.
An officer attended the scene and gathered more information about the man. According to the SIU, the officer knew the man from having dealt with him before and broadcasted his name over the police radio.
Police searched the area until they found the man near James Street and Elizabeth Street.
The man identified himself, but fled on foot when he was told he was under arrest.
He was then chased into a parking lot by another officer who had come to the scene, who was joined by a number of other officers.
The first officer who arrived to the scene had his conducted energy weapon out and another officer had a police service dog.
The two officers told the man he was under arrest, he then went to the ground voluntarily and laid onto his stomach.
An officer then attempted to handcuff him but had difficulties because the man resisted giving up his hands.
According to the SIU, the officers said the man tried to resist by attempting to roll over, by kicking his legs, and by tucking his arms underneath himself.
The officers were concerned that the man had a knife, and two officers restrained him by placing their knees on his back and calves.
The man was handcuffed and searched, however, no knife was located but a garden rake was found.
According to the SIU, besides restraining the man and handcuffing him, none of the officers described using any force against the man during his arrest.
However, on March 15, 2018, the man was transported to court in Milton where he complained of a sore right arm. He was then taken to the Milton District Hospital at 11:45 a.m., where it was discovered that he had a fractured right elbow.
According to the SIU, this was a relatively simple investigation that took over a year to complete, due to, in large measure, the Halton Police members’ failure to cooperate.
However, in February of 2019, the SIU filed an application with the Superior Court of Justice for a court order compelling both the chief of police and the special constable to cooperate.
After the application was filed, approximately eleven and a half months later, the investigation was finally completed.
According to the SIU, no charges will be laid against Halton officers in relation to the investigation.
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