SIU says no charges for Halton officers after Burlington man injured in standoff
Ontario's police watchdog has concluded there is no basis to criminally charge two Halton police officers in connection with injuries received by a Burlington man during a standoff.
In a report issued Thursday, March 17, Special Investigations Unit (SIU) director Joseph Martino noted that during the afternoon of Nov. 17, 2021, Halton police received multiple 911 calls from a therapist who reported that her client had called her and said he planned to take his own life.
According to the SIU report, police converged at a Millcroft Park Drive home and attempted to negotiate with the 52-year-old man.
When this failed police reportedly entered the home and discovered the man in the basement with a box cutter to his neck.
The report noted the man was in the process of cutting his throat when one officer fired five rounds from his ARWEN - an anti-riot launcher that fires non-lethal projectiles - at the man.
This action caused the man to take the box cutter away from his throat and it was at this point he was hit by several Taser discharges, which caused him to fall to the ground.
The report said the man was hit with a Taser again as he struggled with officers who were ultimately able to handcuff him and take him into custody under the Mental Health Act.
The man was then taken to hospital where he was treated for two cuts to his neck and admitted for psychiatric examination.
In the SIU report's conclusion Martino said there are no reasonable grounds to believe that either officer committed a criminal offence in connection with the man's injuries.
The complainant was in mental crisis and of unsound mind at the time. He had armed himself with two edged-weapons intending to do himself harm and had embarked on that course as police confronted him in the basement of his home," said Martino.
Time was clearly of the essence if the officers were going to prevent serious harm or death coming to the complainant. In the circumstances, I am unable to reasonably conclude that the discharge of five less-lethal rounds from the ARWEN and CEW (Conducted Energy Weapon) deployments were excessive as they stood to immediately incapacitate the complainant without inflicting grievous bodily harm."
The SIU assigned six investigators to this case and two SIU forensic investigators.
The SIU is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault.