The Independent Investigations Office (IIO) of BC closed an investigation into whether injuries sustained by a man during a 2022 Kelowna arrest meet the definition of serious harm as defined in Part 11 of the Police Act.
Despite the incident happening in 2022, the man involved, Steven Margetts, filed a lawsuit against two RCMP officers on Aug. 17, 2024. In the suit, Margetts alleged that his injuries from the arrest, which included; four fractured ribs, a fractured femur, a fractured tibia, lacerations and bruising to the arms, legs and face meet the definition of serious harm in Part 11 of the Police Act. He also claimed officers used a Taser on him.
Margetts is a C4-5 quadriplegic who is paralyzed from the chest down with limited mobility of his hands and arms. Back in August 2022, he was driving his vehicle, which had been customized to accommodate his disability, when he was pulled over by the RCMP.
According to the IIO on the day of the incident, RCMP responded to a report of a red Ford F150 pickup truck that was blocking traffic in an alley and that the driver had been allegedly slurring his words. When officers started to move towards the truck, Margetts who was driving the truck, drove off.
At approximately 10 p.m., officers on their regular patrols found the same red truck by a fruit stand in the 3000 block of Benvoulin Road. Once again, Margetts fled the scene, injuring one officer, stated the IIO.
Margetts eventually stopped in a parking lot on Benvoulin Road and Const. Russel Reeder told him to exit the truck. In the suit, Margetts alleges that had not been informed that he was under arrest.
Margetts claims that he explained to the officer that he is quadriplegic and requires access to his wheelchair lift to exit the vehicle. According to the suit, Const. Reeder denied Margetts access to the lift and again told him to exit the vehicle.
The civil suit also alleges that Const. Reeder then used his Taser on Margetts.
After the Taser was released from his arm, Margetts claims he was pulled out of the vehicle and onto the gravel and arrested.
Margetts was charged with impaired operation of a motor vehicle, flight from police, dangerous operation of a conveyance, wilfully resisting or obstructing a peace officer and assault of a peace officer.
The IIO's Chief Civilian Director reviewed the evidence, which included medical records, witness statements and police information and concluded the man’s injuries did not meet the standard of serious harm as defined under Part 11 of the Police Act.
The IIO's investigation into the incident has concluded.
