THUNDER BAY — A Thunder Bay police officer charged with assault testified he believes the force he used to take an intoxicated man to the ground was necessary.
Staff Sgt. Michael Dimini is facing an assault charge following the arrest of a man outside of St. Joseph’s Heritage in the early morning hours of Oct. 25, 2016.
Dimini testified in his defence on Wednesday at the Thunder Bay Courthouse, the third day of a trial that began Monday.
The officer, who has been employed by the Thunder Bay Police Service since 2010, said he and his partner the night of the incident were called to the Heritage for a Liquor Licence Act infraction — two intoxicated individuals had been asked to leave an apartment complex.
Dimini said he and the complainant were known to each other. They had gone to the same elementary and high schools.
The officer said the complainant was also known to police and known to be violent when intoxicated.
Upon arrival outside of St. Joseph’s Heritage, Dimini said the complainant’s state of agitation was high and when he saw the police walk up, he grew more agitated and aggressive in his language.
“He challenged me to a fight,” said Dimini. “He made it very clear he was going to kick my ass.”
Paramedics also attended the scene and on Tuesday they testified they were trying to convince the complainant to go to the hospital.
Dimini said he also wanted to get the man to agree to go to the hospital and there was no plan to arrest him.
Dimini told the court he began to back away from the complaint and that is when the complainant charged at him.
Dimini said he dropped his shoulder down and tackled the complainant. The complainant landed on his back, so Dimini turned him onto his stomach and handcuffed him.
The officer said he then helped the complainant up off the ground and brought him to the police vehicle.
Dimini said he had grounds to arrest the complainant once he charged at him.
“That’s assault,” he said. “His intentions were to come at me and hurt me, that’s assault.”
Dimini said he also had the Liquor Licence Act infraction of being drunk in public as grounds to arrest the complainant.
The officer testified that his use of force was necessary.
“I didn’t want to get hurt and I was in no way, shape or form trying to hurt (the complainant),” said Dimini.
When asked by defence, when he first became aware of the assault allegation stemming from this incident, Dimini said it was December 2023, when he was arrested. He also said no one ever asked him to recall the events from Oct. 25, 2016 between that date and his arrest.
During cross-examination, Dimini disagreed with the Crown’s assertion the complainant had no ability to charge at him due to his level of intoxication. Dimini also denied being agitated with the man not complying with the paramedic and police’s suggestion he go to the hospital.
The Crown suggested to Dimini he wanted to forcefully put the complainant on the stretcher so he could be treated and that in doing so, that’s when Dimini grabbed him and they fell to the ground.
Dimini said that scenario is absolutely false.
The complainant was arrested under the Liquor Licence Act and not for assault.
Dimini said he exercised discretion by not charging the complainant with assault .
“I felt bad for him. I have known him for a long time. Clearly our intent is never to go in and hurt anyone,” said Dimini.
On Monday, a security guard, who had been working at St. Joseph’s Heritage in October 2016, testified he had called 911 that night asking for assistance helping two individuals that had been asked to leave the building find somewhere warm to go.
He told the court he had concerns the interaction between the police and the complainant was not normal and that after expressing that concern to two other city police officers later that morning, the first responding officers returned and spoke with him about what he saw and started asking personal questions.
The security guard said he felt intimidated by the conversation.
On Wednesday, Dimini said he doesn’t have any memory of going back and speaking with the security guard.
He told the court that conversation never happened.
The Crown asked Dimini if he went back to try to justify his actions to the guard and indirectly intimidate him.
“False,” replied Dimini “I would never do something like that.”
Dimini was charged in 2023 by the OPP with two counts of assault, one count of breach of trust and one count of obstruction of justice.
In late February one of the assault charges was dismissed after a four-day trial.
This allegation of assault as well as the allegations of breach of trust and obstruction of justice have not been proven in court.
