No wrongdoing after officer breaks supect’s wrist in Hamilton

By

Published December 22, 2023 at 3:23 pm

An investigation has concluded the officers who broke a man’s wrist during his arrest committed no wrongdoing.

Hamilton Police received a report of a motorcyclist speeding around Woodlands Park on Aug. 25. Two officers responded to the park near Wentworth St. and Barton St. They spoke with firefighters based at the first hall by the park. The firefighters confirmed that they’d seen the bike speeding around the area.

They also pointed out the bike when it returned to the park. However, when the officers approached the motorcyclist to discuss his driver, the man, 48, was none too pleased to talk to the cops. He told the officers he wasn’t the one they were looking for and turned to walk away.

The officers grabbed the motorcyclist and tried to pull his arms back to cuff him. The motorcyclist resisted and tried to struggle away. Instead, all three men fell to the ground. Once they landed, the officers were quickly able to cuff the motorcyclist’s hand behind his back.

The man was first taken to the police station and then later transferred to hospital. It was discovered the man had broken his wrist during the struggle.

The Special Investigations Unit (SIU) was brought in to see if there was any grounds to charge the officers. According to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force as long as that force is deemed “reasonably necessary” to perform their duties.

SIU Joseph Martino concluded on Dec. 22 the officers had the right to arrest the motorcyclist as “there were reasonable grounds to suspect that [he] was driving dangerously.” He continued,  “Beyond that when the [motorcyclist] physically resisted the detention, the officers had cause to want to secure him in handcuffs so they could continue to pursue their investigation safely.”

“Beyond that, when the Complainant physically resisted the detention, the officers had cause to want to secure him in handcuffs so they could continue to pursue their investigation safely,” he wrote. As a result, Martino decided there were no grounds to charge the officer.

inthehammer's Editorial Standards and Policies advertising