‘Insufficient evidence’: SIU clears police in Niagara Falls after man’s jaw was broken

The province’s police watchdog has cleared two Niagara Regional Police Service officers after a suspect’s jaw was broken during an arrest four months ago.

The Ontario Special Investigations Unit (SIU), under director Joseph Marino, has “found no reasonable grounds” to believe that the arresting officers committed a criminal offence while arresting a 56-year-old man in Niagara Falls last November 29. They were attempting to arrest the man for making threats when his jaw was broken.

A statement from the SIU says Martino accepted that the man’s serious injury resulted from the physical altercation. However, he did not accept that officers used unlawful force.

The SIU says the chain of events involved the man running away from officers onto the Hwy. 420 on-ramp near Victoria Avenue, as officers commanded him to stop. The officers discharged conducted energy weapons at the man multiple times, while the man brandished a metal cane in the officers’ direction.

“The man continued to resist arrest and was punched by an officer,” the SIU states “He was then handcuffed and taken to the hospital where he was diagnosed with a fractured right jaw.”

The SIU has a mandate to investigate the conduct of police officers, as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service that might have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. It sometimes makes recommendations on how to improve police procedures.

The full investigation, which includes graphic content that might shock, offend and upset, may be read at siu.on.ca.