OPP officer cleared in South River arrest involving 'serious injuries'

An OPP officer from the Almaguin Highlands Detachment has been cleared of wrongdoing after an arrest last November left a prisoner with three fractured left ribs and a collapsed lung.

According to a Special Investigations Unit (SIU) report released today, on November 5, 2024, a 29-year-old man was at a Shell gas station on Highway 124 when an unmarked police cruiser pulled up to him.

"Two officers (a male and female) emerged from the cruiser and approached the vehicle, advising the man he was under arrest for a drug offence. The man accelerated away southbound on Highway 124. The officers returned to the cruiser and pursued the vehicle. Soon after, the man brought the vehicle to a stop and exited the vehicle."

Following a struggle with officers, the man was taken to the ground, arrested and later taken to the hospital where he was diagnosed with three fractured left ribs and a collapsed lung.

"The Complainant was seriously injured in the course of his arrest by OPP officers on November 5, 2024. The SIU was notified of the incident and initiated an investigation," states the report.

On his assessment of the evidence, SIU Director Joseph Martino determined there were no reasonable grounds to believe that an officer committed a criminal offence in connection with the man’s arrest and injuries. The Criminal Code says police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.

"The evidence establishes that the Complainant actively resisted arrest at the gas station and then accelerated away for a couple of kilometres while knowing he was being pursued by police. On this record, the Complainant was arguably subject to arrest for the offence of flight from police under section 320.17 of the Criminal Code," the report states.

"With respect to the force used by the officer in aid of the Complainant’s arrest, the evidence falls short of reasonably establishing it was unwarranted. There is an account in the evidence suggesting the Complainant was at the receiving end of excessive force during his arrest on Mountain View Road," says SIU Director Joseph Martino.

"On the other hand, the evidence proffered by the witness officials indicates that only reasonable force was used. This included a takedown when the Complainant refused to release his hands to be handcuffed, and knee strikes to the left and right sides.

"When the Complainant continued to struggle on the ground, the takedown made sense as it would position the officers to better manage the Complainant’s resistance. As for the knee strikes, while it is likely the officers would have overcome the Complainant’s fight in time without resort to strikes, I am unable to reasonably conclude that the officers acted precipitously in upping their force when they did to more quickly get a handle on the situation.

"For the foregoing reasons, there is no basis for proceeding with criminal charges in this case." 

The report noted that the officer in question declined to be interviewed or to provide his notes, as is the subject official’s legal right

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been serious injury.