THUNDER BAY - The Special Investigations Unit has found no grounds to charge a Thunder Bay Police Services officer after a man sustained an injury during a pursuit, saying the man’s broken ankle was the result of jumping off a balcony in an attempt to escape.
The Thunder Bay Police Service notified the SIU on April 29, 2021 of the incident, which occurred earlier that day at approximately 12 p.m.
According to a report prepared by Joseph Martino, director of the SIU, the Subject Officer saw the Complainant, a 33-year-old man, while on patrol in the Marks Street North area.
The Subject Officer decided to arrest the Complainant on outstanding warrants for breach of a release order and breach of probation.
The Complainant fled from the officer and ran to a nearby home on Marks Street North. When the officer arrived, the Complainant had already entered the home and made his way to a second-floor balcony, where he proceeded to climb over the railing in an attempt to conceal himself behind a sheet or rug hung over the side.
The Subject Officer walked out onto the balcony and looked over the side, where the Complainant was now hanging from the eavestrough. Not long after, the Complainant let go and dropped to the ground, where he proceeded to run toward the rear of the property.
The Subject Officer continued the pursuit on foot before returning to the front of the property and returning to the squad car and travelled north along Marks Street.
A short time later, the Complainant was observed in front of the residence again and was banging on the door of the neighbouring house. The Subject Officer approached the Complainant and took him into custody without incident.
Following the arrest, the Complainant said he was experiencing pain in his left foot. He was transported to hospital by paramedics where it was determined he suffered from a fracture in his left ankle.
As part of the investigation, the SIU conducted four civilian witness interviews and collected audio recordings between the Subject Officer and dispatch. The Subject Officer declined to be interviewed and provide notes, as is a legal right.
Martino wrote in his report that the offence under consideration for this incident was criminal negligence causing bodily harm, however, he writes that based on the evidence, there is no reasonable grounds to believe the Subject Officer committed a criminal offence.
“It is clear that the Complainant’s left ankle was fractured when he dropped from the balcony and impacted the ground below,” Martino writes.
“The issue is whether there was any want of care in the manner in which the Subject Officer dealt with the Complainant that caused or contributed to the Complainant’s injury and was sufficiently egregious as to attract criminal sanction. In my view, there was not.”
Martino adds that the Subject Officer was executing his lawful duties when pursuing the arrest and did not fail to provide care to the Complainant when he went onto the balcony.
“It is clear that the Complainant, of his own volition, placed himself in a position of danger on the outer ledge of the balcony railing attempting to evade apprehension. He then lowered himself off the balcony, hanging from the eavestroughs, before he let go, fell to the ground and resumed his flight,” Martino writes.
“All of this happened very quickly leaving the Subject Officer no real opportunity to prevent the fall. Indeed, the evidence indicates that there was no physical contact between the officer and the Complainant before the fall to the ground.”
The SIU is called in to investigate following any interaction with police that involves serious injury, the discharging of a firearm, sexual assault, or death.
