An investigation into the actions of a Toronto police officer has found the officer was justified when tasering a man during an arrest.
Back in January of this year, police were called to a Kennedy Road home, near Kingston Road and Highview Avenue, for a break-in in progress.
A basement tenant indicated to police someone was on the main floor, and when officers made their way through the home, they came across a 37 year old man who attempted to flee the scene.
During an attempted arrest, police say the man was struggling, resisting and ignoring commands to desist.
An officer then tasered the man, but it didn’t seem to have an effect, so he was tasered again.
At this point, he locked up and said words to the effect of “OK, I give up.”
It was later determined the man suffered a fractured left sinus.
The Special Investigations Unit has determined the officers used reasonable force, and no criminal charges will be laid.
“The subject officer was acting in the course of his duties when he facilitated a lawful arrest. The man was non-responsive to the police commands to stop resisting and he continued to thrash his legs even with multiple officers trying to subdue him. The subject officer also noted that at least one officer was hurt during the course of the violent struggle. The subject officer’s actions were both thoughtful and measured. He assessed the situation and decided that his CEW was necessary in order to bring a violent and ongoing altercation to an end. He provided a warning prior to firing his CEW, and only resorted to his weapon when that warning was ignored. It is not immediately clear how the man sustained the facial fracture or the abrasions on the left side of his face. There is no reliable evidence of any application of force that accounts for those injuries. It is possible that the man sustained the fracture when he fell onto the porch from the railing, but it would be speculative to cite that as the cause of the injury definitively. There are no reasonable grounds to believe that an offence has been committed and no charges will issued.” – Tony Loparco, Director of the Special Investigations Unit.