SIU clears Hamilton police officers in arrest of man charged with murder

Ontario's police watchdog has cleared four Hamilton police officers of wrongdoing after a man sustained serious injuries during an arrest in mid-March.

Timothy Brown, 54, was arrested at the scene and was first charged with aggravated assault and later second-degree murder in the killing of his stepfather, 73-year-old George Howson, in the city's west end.

The report does not identify Howson or note that he later died of his injuries sustained in the assault. The incident took place in a building located at 1968 Main St. W., just past Wilson Street East, according to police.

The Special Investigations Unit (SIU) said in a report released Wednesday it was unable to conclude the officers used excessive" force against Brown, who is not identified in the report, given the nature and extent" of his resistance to arrest.

Director Joseph Martino however did accept" that the man broke his ribs during a physical altercation with officers, but called their actions commensurate with the situation at hand."

According to the report, Hamilton police were called to an apartment building on Main Street just after 3:50 p.m. on March 14 for reports that a woman's son had allegedly beaten her husband to death." Records of the 911 call obtained by the SIU note that the woman alleged her son had hit her husband with a lamp.

The report said when two of the officers arrived at the building, they found the front door of the unit was locked.

The man refused to open the door for police, while stating that he did not want to be charged, and requested a pat on the back."

Once in the apartment, officers confronted the man in the living room of the unit, where he further resisted police as they attempted to put him in handcuffs, the report stated.

The struggle between the man and the officers eventually made its way onto the couch, where one of the officers kneed him twice in the left thigh. Soon after, the man was put into handcuffs and escorted out of the apartment.

He appeared to be uninjured, according to the report.

Shortly after the man was transported to the police station, the report said he managed to reposition" his handcuffed arms to the front of his body while starting a second altercation with officers.

One officer intervened and pulled the man to the floor.

Then on the floor, the man struggled with officers as they tried to remove his arms from underneath his torso. The report said the man kicked his legs, flailed his body, spat at the officers and attempted to bite" two of them.

One of the officers then told the man he would use his taser if he did not stop, said the report. The officer fired the taser on several occasions" but that did not quell" the man's actions.

The report said two officers punched the man in the head, a witness kicked the man in the legs, one officer possibly struck his left side with his knee and another may have struck him with his knee three times to that same side.

Eventually the man's arms were forced out from under him.

The report said the officers and the man then continued their trip to the criminal investigation office, where the man was put into a cell.

A third alteration with police happened around 6:15 p.m. when officers entered the cell to take his clothing, obtain swabs and take pictures. The man kicked one of the officers in the groin area.

The officer then used his knee to hit the man in his left thigh, followed by another officer who hit an unascertained part of the body." The man then calmed down and allowed forensic officers to complete their work."

Later that night, the man was moved to a different cell. Several hours later, he complained of pain on his left side and he was taken to hospital, where he was diagnosed with a broken left hand and two fractured ribs on his left side.

The report said it is believed that the man's hand was injured during the alleged killing of his stepfather.

Fallon Hewitt is a Hamilton-based reporter at The Spectator. Reach her via email: fhewitt@thespec.com