Police in St. Catharines cleared after woman suffered broken elbow

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Published June 16, 2022 at 6:53 pm

Peel police officer committed no offence during takedown in Malton

Tripping a woman who was trying to reenter a St. Catharines detoxication centre did not constitute a criminal offence by a police officer, the provincial watchdog says.

A Niagara Regional Police Service (NRPS) officer has been cleared in connection with an incident last winter where a 37-year-old woman suffered a fractured elbow. Per the findings of the Ontario Special Investigations Unit, the woman had been discharged from the detox centre, but refused to leave. After being briefly handcuffed by escorting officers and led outside, she kicked an officer and ran toward the building. In the ensuing pursuit, an officer tripped her and she fell to the ground.

The incident occurred on the afternoon of Feb. 15. The NRPS officers took the woman to Out of the Cold Shelter at Silver Spire United Church, and the SIU was notified early the next day about the injury. The woman’s fractured right radial bone at or near the elbow was diagnosed after she went to St. Catharines General Hospital the following day.

Director Joseph Martino of the SIU said under the circumstances, tripping the complainant was a “reasonable” way for the subject officer (SO) to restore order.

“Given her highly agitated state at the time, the SO was reasonably concerned for the safety of staff and clients of the centre should the Complainant’s ingress be allowed to continue for any length of time,” Martino wrote. “In the circumstances, it would appear that a trip fell within the range of reasonable options if the Complainant’s flight was going to be stopped as quickly as possible. While it may well be that the officer had other options at his disposal, perhaps a physical engagement with his arms that left the Complainant on her feet, I am unable to reasonably conclude that a trip was so disproportionate to the exigences of the moment as to constitute excessive force.”

The subject officer provided their notes for the investigation. Three civilian witnesses were interviewed by the SIU.

The SIU obtained surveillance video from the detoxification facility for the investigation. The NRPS said no body-worn cameras or in-car camera systems were in use at the time of the incident.

The full report, which contains graphic content that can shock, offend and upset, is readable at siu.on.ca.

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