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No charges against police when Port Colborne arrest ends fractured leg for suspect

SIU says the man is responsible for his own injuries
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NEWS RELEASE
SPECIAL INVESTIGATIONS UNIT
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The Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into the arrest last month of a 31-year-old man in Port Colborne.

On the evening of Nov. 29, 2020, Niagara Regional Police Service officers were dispatched to a residence on Erie Street to take into custody a man who was wanted on several warrants. Soon after police arrived, the man fled the residence. He scaled over a 1.8 metre fence into the neighbouring property and injured his left leg in the process.  

Director Martino said, “Based on the SIU’s preliminary inquiries, I am satisfied there is patently nothing to investigate as far as the potential criminal liability of any police officer is concerned in connection with the man’s arrest and injury. There had been no police interaction whatsoever prior to the man’s injury. As it is apparent at this time that the man is alone responsible for his fractured left leg, the investigation is hereby discontinued, and the file is closed.”

The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must

  • consider whether the official has committed a criminal offence in connection with the incident under investigation
  • depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
  • publicly report the results of its investigations

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