No grounds to charge Hamilton police in arrest: SIU

Ontario's police watchdog says there are no grounds to charge Hamilton police officers after a man suffered a fractured foot while resisting arrest last September.

I am satisfied on reasonable grounds that the force used by the officers was measured, proportionate and, ultimately, lawful," concluded Special Investigations Unit director Joseph Martino.

On Sept. 24, around 1 a.m., Hamilton police saw two people break into Signature Vape Plus at 700 Queenston Rd., near Nash Road, and try to flee with a third man in a vehicle, according to the SIU report.

When police tried to stop the vehicle it rammed police cruisers, then stopped trying to drive over a curb. The trio refused to get out and police smashed the window and pulled them out.

The front passenger, a 54-year-old man, kicked and punched at officers, the SIU said. Officers used force that escalated before eventually using a conductive energy weapon (CEW) - often known as a Taser. Only then could officers remove him from the vehicle. He continued to resist and was handcuffed after a kick to the back.

The struggle lasted about three minutes, during which time he was hit on the left foot with an ASP baton, the SIU said.

He was taken to Hamilton General Hospital for treatment for a cut over his left eye and fractures in his left foot.

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