Orillia OPP officer cleared after altercation with suspect: SIU

An Orillia OPP officer, who was involved in a physical confrontation with a suspect during a May 4 incident, has been cleared of any wrongdoing by the province’s special investigations unit (SIU).

The SIU investigated the incident after the suspect sustained fractures of the nose and orbital bone during the altercation at a residence in the area of Highway 11 and Coldwater Road.

A woman attended the OPP Orillia detachment to provide a statement detailing an assault that had been perpetrated on her by a man earlier that day (May 4, 2023), notes a media release from the SIU.

When officers drove her back to her residence, one of the officers remained in the vicinity in case the man returned.

According to the media release, the 33-year-old man lived at the residence but had left following the assault.

The officer watched as the man re-entered the ground-floor apartment. Once other officers arrived, they entered the residence. 

The man pushed one of the officers. An interaction ensued, and the man was eventually subdued and handcuffed, notes the media release.

At Soldiers’ Memorial Hospital, the man was diagnosed with fractures of the nose and right orbital bone.  

On his assessment of the evidence, SIU Director Joseph Martino determined there were no reasonable grounds to believe that an officer committed a criminal offence in connection with the man’s arrest and injury. 

“With respect to the force used by the (officer), namely, a takedown followed by multiple punches to the complainant’s face, I am satisfied it was legally justified,” said Martino.

“The complainant had rushed at the officers when first confronted and pushed (an officer). In the circumstances, a takedown seems a legitimate tactic as it would immediately place the officers in a better position to deter any further aggression from the complainant,” said Martino. 

“Thereafter, when the complainant decided to punch at the (officer), striking him on one or more occasions in the face, the officer was entitled to respond with a commensurate use of force to defend himself,” said Martino, noting the officer “did so in like manner — delivering several punches of his own — after which the complainant was handcuffed and the hostilities ended.”

“While I accept that the complainant’s facial injuries were likely caused by the force used by the (officer), I am not satisfied that they are attributable to any unlawful conduct on the part of the officer,” Martino concluded.

As a result, “there is no basis for proceeding with criminal charges in this case. The file is closed,” said Martino.