There was no criminality involved when RCMP arrested a man who sustained a knee injury last year, B.C.'s police watchdog has determined.
In a Thursday, Sept. 19 press release, the Independent Investigations Office of B.C. released its findings into an early-morning July, 14, 2023 incident at a Nanaimo parkade. The man was arrested after failing to leave the parkade when asked by a security guard, the IIO stated, and suffered the knee injury. He was transported from the police detachment to the hospital the following day, the press release said.
The investigation included statements from the man, the security guard, two paramedics, four jail guards and two police officers, as well as video footage from the detachment.
The man told the IIO he had been drinking and was in the parkade with another man. He had not left, despite the security guard's request and a pair of police officers arrived and asked him if he wanted to go home or to jail?
According to the man's statement, he told officers he was experiencing homelessness and the officers pinned against a wall and arrested him, telling him to "stop resisting," despite the man stating he was not resisting. He said one of the officers kneed him in the leg. He told police he thought he had broken his leg, to which police responded, "You're homeless, it doesn't matter," and he was walked to a set of stairs and told if he did not descend, police would throw him down.
Further, the man told the IIO that when he requested medical attention at the detachment, he was told he didn't "deserve to see anybody," as he was "homeless." Eventually, he was transported to hospital that morning where he had surgery and was at the hospital for "over a week." Records from the hospital confirmed he was admitted for "a mildly impacted intra-articular fracture of the lateral tibial plateau" and was released July 23, 2023.
Although surveillance footage from the detachment showed the man having less mobility the 10.5 hours he was in the cell, with increasing pain, his account was not corroborated by witnesses.
The security guard stated he saw the two officers try to arrest the man, "holding him against some railings and pulling his arms behind his back," but the man was "pulling away and resisting."
While they did take down the man, the security guard did not see officers hitting the man's legs, nor hear the man saying he was in any pain. The only complaint, as he was led to the police vehicle, was his pants were falling down. He was placed at the back of the vehicle where he remained seated, the security guard said.
A police report described the man as "very agitated and aggressive" when officers approached him and he told police they would have to "taser or shoot" him if they wanted him to leave. The report also described the man as exhibiting "high levels of intoxication, barely able to stand" and he was arrested "without further issue."
Video from the police precinct showed the man limping as he walked to the booking area and limping as he was going to the cell. Two jail guards told the IIO that they checked on the man every 15 minutes and he made no mention of an injury. According to their statement, at 7 a.m. the man asked if they knew what had happened to his knee, because he couldn't remember. While the man appeared to be in pain, he did not request medical assistance. However, a police officer was notified and an ambulance was called.
The paramedics told the IIO the man could have suffered the injury while falling during the arrest, although it wasn't clear where they heard this. The IIO did express concern about the amount of time the man suffered while in custody and enlisted the aid of an expert in relation to the delayed treatment, who found "the injury would not have been rendered more serious or more difficult to treat…."
In her findings, Sandra J. Hentzen, interim IIO chief civilian director, found issues with the man's claims.
The man had alleged that officers had kneed him during the arrest, but the security guard stated the man's leg was not struck at any time during the arrest and further, the man had stated he had no recollection of what caused the injury. Police described the arrest as "unremarkable" and as such, the man's "allegation, then, is not sufficiently reliable to lead to a conclusion he was subjected to unjustified use of force."
Jentzen also suggested that the injuries are consistent with leg twisting, accidentally," as he was being arrested. She found similar issues with his claims about derogatory remarks about his homelessness, stating they suffer "from the same frailties as [his] other complaint."
While she did not excuse jail guards for "the lax care" the man received while in custody, it isn't a criminal offence.
As such, no charges will be forwarded.
karl.yu@nanaimobulletin.com
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