The province’s Special Investigations Unit (SIU) has cleared a local OPP officer of any wrongdoing in a 45-year-old man’s death last fall.
In his report, SIU director Joseph Martino concluded there are “no reasonable grounds” to believe the officer committed a criminal offence connected to the man's death nearly a month later in hospital after being bitten by a police dog.
According to the SIU, Southern Georgian Bay OPP officers responded Oct. 13, 2023 to a gun-related call involving a man at an apartment on William Street. Martino’s report found police gave the man ample opportunity to surrender peacefully and only sent in the dog when attempted negotiations over more than five hours proved futile.
Martino said it remained unclear whether and to what extent the police dog bite, and the resulting infection that set in, were causally related to the man’s death on Nov. 5. While the cause of death is not yet known, Martino said he was satisfied the dog’s deployment constituted reasonably necessary force.
The SIU, which normally intervenes when there is a police-involved serious injury or death, noted it was not originally notified as the involved police officers believed the injury was superficial.
After his arrest, the man brought the complaint forward while being detained at the Central North Correctional Centre in Penetanguishene.
He died from a blood infection, which was believed, at the time, to have been related to the dog bites.
“It was reported to the OPP that the complainant had been seen on several occasions by medical staff; however, no details were available when the OPP reported the incident,” Martino’s report stated.
Three investigators were assigned to the case with a post-mortem conducted in Toronto.
According to the report's narrative, the incident initially began at about 2:30 p.m. in the parking lot of a Bay Street store. Police received two separate calls reporting that a man had pulled a gun on another man before fleeing in a black Ford SUV with a woman.
Police eventually tracked the pair down to a William Street apartment building since one of the 911 callers had provided police with a licence plate number.
“Attempts to have the complainant surrender went unheeded,” the SIU report stated, noting that over the course of several hours police deployed a number of resources including ERT and TRU officers, crisis negotiators and police dog handlers.
“Multiple attempts to reach the complainant inside the apartment were unsuccessful. These included phone calls, text messages and communiques with a loudhailer.”
At about 6:15 p.m., TRU officers took over from the ERT team in positions around the apartment. At 7:10 p.m., a woman exited the apartment through the front door and was taken into custody without incident. She advised police that the complainant was asleep.
At about 10 p.m., the scene’s commanding officer authorized entry into the apartment.
“The plan was to send in a drone to ascertain the complainant’s location,” the report stated. “The tactic failed when the drone malfunctioned.
“The next attempt to enter the apartment would be by way of a police dog. Once located, the dog would bite and hold the complainant pending the arrival of TRU officers to effect his arrest.
“The dog searched through several rooms before entering a bedroom and finding the complainant on the bed. The (dog) latched onto the complainant’s left arm as he screamed in pain.”
Officers then entered the apartment and took the man later identified as Dale Lewis into custody.
“The complainant was examined by paramedics at the scene and transported to hospital where he was treated for a dog bite to the left arm,” the report said. “He had suffered tendon damage and was referred to a plastic surgeon before being released into the custody of the OPP with a prescription for antibiotics and pain.”
Back at the OPP detachment, the man spent time in a cell before being transferred to the superjail.
Days later, he was transported from the correctional centre to hospital for treatment of infection to the dog bite wounds.
“On Oct. 23, he was again taken to hospital because of odd behaviour,” the report noted. “Medical diagnosis at the time suggested the complainant’s symptoms ‘seem to be more behavioural than medical’.”
On Nov. 4, the man attended hospital for the last time while still in the custody of the correctional centre.
“It was noted that the infection to the left arm was getting worse and he was admitted,” the report stated. “His condition deteriorated and, on Nov. 5, the complainant was found by his attending nurse hypoxic and pulseless. He was pronounced deceased at 10:48 p.m.
“The cause of the complainant’s death remains pending at this time.”
