Ontario's law-enforcement oversight agency has exonerated Windsor police for an April incident in which a suspect was injured.
The Special Investigations Unit (SIU) invoked its mandate after the April 25 incident, which took place in the area of Wyandotte Street East and Lauzon Road.
Officers responded to the location after the homeowner complained that the 45-year-old man was intoxicated and being belligerent.
The officers told the man that he had to leave and followed him into the basement so he could collect his belongings. Soon after, the man became involved in a physical altercation with the officers and was injured before being handcuffed.
Peel Regional Police officers traveled to Windsor to collect the suspect, but in the early hours of April 26, the man began having difficulty breathing. He refused EMS treatment.
"At 5:00 a.m., during shift change, the incoming lock-up supervisor spoke with the complainant and noted bruising to one of his eyes. The complainant was transported to the Brampton Civic Hospital and diagnosed with a fractured orbital bone," read the report from the SIU.
In his decision, SIU Director Joseph Martino acknowledged "conflicting evidence" on whether the Windsor officers had lawful authority to arrest the suspect in the basement. But, there was no evidence to suggest wrongdoing by the officers.
"While I accept that the complainant’s injuries were incurred in the physical engagement that marked his arrest, I am unable to conclude they were attributable to unlawful conduct on the part of either subject official," wrote Martino. "As such, there is no basis for proceeding with criminal charges in this case. The file is closed."
