The director of the province's Special Investigations Unit says there is no reasonable basis to conclude that North Bay police officers acted unlawfully during an arrest last winter in the local Canadian Tire parking lot that may have broken a suspect's hand.
Director Joseph Martino says in his report, "The precise nature and extent of the force remains unclear. According to the officer, the only contact he would have had with the complainant would have been inadvertent, as he reached into the cab of the truck to try and remove the key from the ignition."
The incident happened on the morning of November 20, 2019, when a North Bay police officer saw a 28-year-old man operating a pickup truck in violation of a driving prohibition. The officer was aware that the driver had a current court order prohibiting him from operating a motor vehicle.
See: Parking lot collision results in multiple charges
And: A Chevrolet Colorado pickup truck backed into a dark coloured SUV then flees
The officer followed the man, later identified as Benjamin Adams, of North Bay into the parking lot, parked his unmarked vehicle behind the pickup truck, and made his way to the driver’s door intending to make an arrest. At the sight of the officer, a struggle ensued and the driver managed to drive his pickup truck out of the parking lot and fled.
Two days later the driver was arrested in Bonfield. He told the police that he had injured his hand as a result of his interaction with an officer on November 20.
He was taken to North Bay Regional Health Centre and diagnosed with a fracture to his left hand.
Martino says two cell phone videos were made by people watching the original incident.
They showed a white-coloured Chevrolet pickup truck reversed out of a parking spot and collided with a blue Kia Sportage, later identified as the officer's unmarked police vehicle, parked behind it.
The man drove his pickup truck forward, before he reversed it at a high rate of speed and again collided with the Kia.
The pickup truck then drove away from the parking lot.
The Criminal Code exempts police officers from criminal liability for force used in the course of their duties provided such force was reasonably necessary for the execution of an act that they were required or authorized to do by law.
"It is apparent that the complainant was unlawfully operating a motor vehicle in breach of a court order and was subject to lawful arrest," says Martino.
"According to the officer, the only contact he would have had with the complainant would have been inadvertent, as he reached into the cab of the truck to try and remove the key from the ignition. In contrast, there is contradictory evidence suggesting he grabbed hold of the complainant’s left arm. This evidence further suggests that the officer may have struck the complainant’s left hand with an object or grabbed it in a manner that caused it to break just before he was able to free himself and drive away.
"On either rendition, I am unable to reasonably conclude that the officer used more force than was necessary. As the violent and repeated collisions between his truck and the vehicle behind him amply attests, the complainant had made it clear he was not about to surrender peacefully.
"In the final analysis, though it appears that the complainant might well have sustained his injury in the brief skirmish that occurred between him and the officer before he made good his escape, there is no reasonable basis to conclude that the officer acted other than lawfully throughout their encounter," said Martino.
