The Special Investigations Unit (SIU) said it found no reasonable grounds to believe two Windsor Police Service officers committed a criminal offence during a May arrest that resulted in a broken nose for a 31-year-old man.
SIU Director Joseph Martino wrote that the "while it is unfortunate that the complainant’s nose was broken when he was forced onto the trunk of the cab, I am unable to reasonably conclude that his injury was the result of excessive force on the part of either subject official."
The incident occurred shortly after midnight on May 22 at the DoubleTree Hotel on Riverside.
According to the SIU, the complainant, who was staying at the hotel, was visibly intoxicated in the lobby wearing only boxer shorts and refused to return to his room. When officers arrived, the man was outside, as a friend had arranged for a cab to take him away, but he was refusing to enter.
The officers confirmed that hotel staff wanted the man removed from the property because of his behaviour, and the cab driver, told them he didn't want to transport the man either, because of his conduct.
The pair of officers opted to arrest the man for public intoxication, but he allegedly resisted arrest, so the officers forced him onto the trunk of the cab.
The province's police watchdog said that there was insufficient evidence to reasonably establish any unlawful force, so there was no basis for proceeding with charges.
