ATIKOKAN, Ont. - The Special Investigations Unit has found no grounds to charge two Ontario Provincial Police officers in Atikokan following the death of a man in custody, saying the officers did not fail to care for the man’s wellbeing who was suffering the effects of a drug overdose.
The SIU was first notified of the man’s death by the OPP on Oct. 19, 2020. The incident took place on Oct. 18 at approximately 6:30 p.m. when the two subject officers arrested the 37-year-old man in Atikokan for breaching conditions of a release order.
The man attempted to flee and then resisted the arresting officers. He was taken to the ground after being struck in the torso by one of the officers and was punched multiple times in the arms by the second officer when he continued to resist.
After the man was restrained, he was transported to the Atikokan OPP detachment where he admitted to consuming alcohol but denied using any drugs. The man was also identified as a suicide risk. His clothing was removed, was provided with a gown, and a police employee was monitoring him at all times.
At approximately 9:30 p.m., the man fell from a seated position on the bunk onto the floor. A police employee witness attempted to rouse the man, but he did not respond, so one of the subject officers was called. The subject officer received a verbal reaction from the man after banging on the cell doors and left the area.
The man was still breathing when the subject officer left the area, but his breathing stopped minutes later and EMS was called while both subject officers attended to the man and started to perform CPR.
Paramedics arrived at approximately 9:55 p.m. and the man was transported to hospital where he was later pronounced dead.
Throughout the investigation, the SIU collected audio, video, and photographic evidence, as well as conducted interviews with seven civilian witnesses, the police employee witness, and one of the two subject officers. The other subject officers declined to be interviewed and provide notes, which is a legal right.
According to the pathologist’s report, the man died as a result of hypertensive heart disease with fentanyl and methadone toxicity.
The offences taken into consideration by the SIU against the subject officers included failure to provide the necessities of life and criminal negligence causing death.
“On my assessment of the evidence, there are no reasonable grounds to believe that ether officer committed a criminal offence in connection with the Complainant’s death,” wrote Joseph Martino, director of the Special Investigations Unit in his report.
“In the instant case, the issue is whether there was a want of care on the part of either subject officer that caused or contributed to the Complainant’s death and/or was sufficiently egregious as to attract criminal sanction. In my view, there was not.”
Martino goes on to say that the subject officers were engaged in the lawful execution of their duties when the man was taken into custody and acted with care and regard for his health and safety, including identifying him as a suicide risk and having him monitored.
“While it might have been preferable in hindsight to call for paramedics at the first sign of unresponsiveness on the Complainant’s part – at about 9:30 p.m. when he fell forward off the cell bench – I am unable to reasonably conclude that any such lapse in judgment amounted to a marked departure from a reasonable level of care, much less a marked and substantial departure,” Martino writes.
“Though laboured, subject officer two had satisfied himself that the Complainant was still breathing, and he was aware that the civilian monitor would continue to keep a close watch. Moreover, he did not have any concrete reason to believe that the Complainant was labouring under the effects of fentanyl and methadone. The Complainant had denied drug consumption when he was booked at the station.”
The SIU is called in to investigate anytime there is a death, serious bodily harm, the discharging of a firearm, or sexual assault involving police.
