SIU clears Hamilton police in arrest of dog theft suspect

Ontario's police watchdog has cleared two Hamilton police officers of wrongdoing after a 43-year-old man suffered a fractured cheek bone during his arrest earlier this year.

On March 18 police a witness reported to police that he saw a man stealing a dog in the area of King Street West and Bay Street North, according to the Special Investigations Unit report.

The first police officer on scene tried to talk to the 43-year-old, who was walking a dog, but the man said he did not want to talk and walked away.

The police officer got out of his cruiser and chased the 43-year-old, who ran. The police officer was hit by a car during the pursuit, but was not seriously hurt, the SIU said.

The 43-year-old let the dog go and the officer caught up with him on Bay, between Market and King streets, the SIU said. The 43-year-old pushed the officer, who then punched the suspect and forced him to the ground face first.

The 43-year-old was told he was being arrested for theft. The suspect continued to resist and refused to remove his hands from his pockets. The officer punched the man three times in the torso.

Two other officers joined and the suspect was punched three more times in the torso, before the officers got his hands out his pockets and he was handcuffed.

SIU director Joseph Martino concluded that the force used was reasonable.

On the ground the 43-year-old proved a formidable physical challenge" and the police officer was right to be worried he might have a weapon when his hands were in his pockets, he said.

Given the complainant's physical resistance to his arrest, I am satisfied the force used by the officers was justified," Martino said.

Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com