Hamilton officer who grabbed man’s genitals loses 120 hours of pay
It may have been a mistake made in the moment.
But it was a big mistake and a big moment.
It was Const. Ryan Cole's job to serve and protect the most vulnerable. He had a knack for it. A passion for it. He asked to specialize in it, joining the Hamilton Police Service's Mobile Crisis Rapid Response Team (MCRRT).
His duty was to help people in emotional distress and conduct Mental Health Act apprehensions
Yet when Cole grabbed the genitals of a combative psychotic" man, he triggered an SIU investigation, a criminal conviction for assault and now a guilty plea to discreditable conduct under the Police Services Act.
Cole, who has repeatedly apologized for his actions, says he was trying to force the man to comply and he was running out of options.
But the law and his training make it clear that grabbing a man in crisis by his genitals was not an option.
The incident highlights the problematic relationship between police and those with serious mental-health issues. Neither police nor mental-health advocates believe police are always the best way to respond to mental-health crisis situations - despite creations of special units like the MCRRT. Over and over in Hamilton and across the country we have seen force - sometimes lethal force - used by police in response to people in crisis.
On Nov. 6, 2020, at 1 p.m., Cole and his partner Cynthia Bosett - a civilian mental-health expert - were called by a medical doctor to help with an out-of-control patient. According to a statement of facts, the doctor had ordered a Form 1" to send the patient for a psychiatric evaluation at the hospital without their consent under the Mental Health Act.
Cole, who has been with Hamilton police since 2015, led a team to the physician's office. Six officers tried to wrangle the patient into a cruiser.
During the struggle, the patient's face was cut and his body bruised, according to the agreed facts. The patient kicked the cruiser's windows, ripped off weather stripping and created legitimate safety concerns" for himself, which lawyers agreed during Friday's Police Services Act hearing entitled officers to use reasonable force in restraining and securing him."
Eventually the patient was driven to the hospital, but he resisted getting out of the cruiser. Cole and three officers tried to de-escalate" the situation, but the patient clung to the cruiser and refused to leave.
While officers tried to pull him, Cole grabbed (the patient's) inner thigh on multiple occasions, and his genitals on one occasion, with an intention to cause (the patient) sufficient discomfort such that he would release his grip."
It worked. The patient let go, yelling that he had been sexually assaulted.
He was carried into hospital by police, restrained on a bed and sedated. He was examined and released a few hours later.
The patient was charged with mischief under $5,000 for damaging the cruiser and kept in custody at the police station overnight. He told a sergeant his crotch had been grabbed, causing him pain.
That led to the province's Special Investigations Unit being called in. The watchdog probes deaths, serious injuries and allegations of sexual assault involving police.
The patient was taken to hospital complaining of groin pain. However, the doctor did not conduct an examination and no general injuries were documented, according to the agreed facts.
Over his next shifts, Cole changed his story. First he told Bosett he grabbed the patient's crotch to get him out of the car. Then he said he grabbed him there accidentally. When Bosett pointed out hospital cameras which would have captured the incident, Cole said he intentionally grabbed the patient by the testicles as an effective use of force technique that would cause minimal damage." Then he told Bosett he did it because it was the only place left to grab." Cole said this wasn't a sexual assault as the person had to get off on doing whatever the assault is.'"
When interviewed by the SIU, Cole denied touching the patient's genitals or hearing the man complain about it.
On April 13, 2021, the SIU charged Cole with sexual assault causing bodily harm.
On July 22, 2022, Cole pleaded guilty to assault. Justice Tony Leitch imposed a conditional discharge, 18 months of probation and 80 hours of community service, which Cole has done. Leitch ordered him to provide a DNA sample to the national databank.
Leitch told Cole unequivocally: You can not use that method of extraction from a police vehicle. It was a bad decision."
Cole, who worked in technology and was a volunteer firefighter before becoming the valedictorian of his Ontario Police College class, has been on desk duty since the incident.
Retired OPP superintendent Greg Walton accepted Cole's guilty plea at his disciplinary hearing at police headquarters and handed him an agreed upon penalty of 120 hours of lost pay.
The only other mark on Cole's employment record was a minor reprimand for misusing his cellphone on duty.
Aggravating factors considered by Walton included: vulnerability of the patient; the criminal finding of guilt; the effect on the public's confidence in police; media scrutiny of the case; and accountability for an officer's actions.
Prosecutor Marco Visentini put it this way: There was no reason for Const. Cole to employ the tactic he did ... He acted outside his use-of-force training."
Mitigating factors included: Cole's guilty pleas; letters of support from colleagues; and an apology he offered in court.
At the end of his disciplinary hearing, Cole addressed the room.
I failed (the patient), my police colleagues and the people of Hamilton," he said. The entire experience has been humbling.
I look forward to being an officer again."
Susan Clairmont is a justice columnist at The Spectator. sclairmont@thespec.com