The province's Special Investigations Unit (SIU) has determined there are "no reasonable grounds" to believe a Nottawasaga OPP officer committed a criminal offence after a man was struck on top of the head by a cruiser's door, resulting in a concussion.
Around 5:30 p.m. on Oct. 21, 2023, the SIU says a 36-year-old man was in the back seat of a police cruiser parked in the garage of the Nottawasaga OPP detachment. He had been lodged in a cell following his arrest and was being transported to hospital for medication.
"When officers noticed that the man had manoeuvred his handcuffed arms in front of his body, they asked him to reposition them behind his back," according to the SIU report. "At some point, an officer shut the door, resulting in the man’s head being struck. He was later diagnosed with a concussion."
After reviewing 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 injury.
According to OPP, the man had been arrested on outstanding warrants during a domestic call in Orillia. He was transferred to Nottawasaga OPP from the Orillia OPP detachment.
At 3 p.m., the man complained that he needed medication for a previous head injury. He was transported to the Stevenson Memorial Hospital (SMH) in the back seat of a fully marked Dodge Charger police vehicle.
It was while en route to the Alliston hospital that the man moved his handcuffs to the front of his body, according to the SIU. The two officers "rushed back" to stop him and return the handcuffs to the back.
While one of the officers spoke to the man, the other officer went around to the rear passenger-side door. The SIU says the officer opened the door and requested that the man put his hands behind his back.
The officer grabbed the man and pulled him to the middle of the seat before making him lie on his back, according to the SIU.
The man complained that he could not fit in the back seat by lying down as the officers wanted. He also stated he could not return his hands behind his back, according to the SIU report.
He moved his hands and put himself in a "fetal position. His legs were oriented to the driver side door, and his head was positioned on the edge of the driver side door," says the report.
The man claimed previous injuries had been aggravated by the officer "slamming the door into my head." He refused to be moved unless by ambulance.
The officer said he had “only closed the door," according to the SIU.
The man was then transported to hospital by ambulance and diagnosed with a concussion.
The full report can be found here.
The SIU is an independent government agency that investigates the conduct of police officials that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. Its mandate is invoked when someone dies or is injured while police are at the scene or while a person is in custody, and through investigation determine if the injury or death was caused by police action.
