A motorcyclist who struggled as police tried to detain him this past summer at Yonge-Dundas Square — suffering a broken wrist in the process — was the victim of a case of mistaken identity, according to the province's Special Investigations Unit.
However, SIU Director Joseph Martino determined there were no reasonable grounds to believe an officer committed a criminal offence in connection with the 28-year-old man’s arrest and injury.
It all started Aug. 24 at around 6 p.m. when a paid-duty officer near Rogers Centre saw a male motorcyclist doing “wheelies” on Front Street.
The officer tried to stop the rider but he drove off. The officer was hit by the motorcycle and injured, according to the SIU.
At that point, a description of the rider and his helmet was broadcast over police communications.
At around 11:20 p.m., officers doing paid-duty work at Yonge-Dundas Square saw a motorcyclist they suspected might be from the earlier incident.
The man was standing with his girlfriend and carrying a helmet that matched the description, the SIU report states.
Officers approached and attempted to place the man under "investigative detention," but he struggled and ran away.
Police called for assistance and 12 other officers responded.
'Stop hitting him'
The SIU report describes a second struggle in a nearby parking garage that lasted several minutes and includes the motorcyclist grabbing a police officer's baton, the motorcycle falling on the man's leg, and officers delivering blows to the man as he refuses to comply with their instructions. He was eventually placed in leg restraints and handcuffs.
The SIU had access to police bodycam footage that includes members of the crowd calling out saying, “Stop hitting him."
After his arrest, the man complained of a sore wrist and ankle, and was transported to Mount Sinai Hospital. It was later determined he had a fractured right wrist.
"After further investigation, it was determined the complainant was not the same motorcyclist from the Rogers Centre," the SIU said in a release.
Still, the SIU concluded the unique look of the helmet gave officers reasonable grounds to attempt to detain him for questioning, even though he denied responsibility for the earlier "wheelies" incident, while several hours had passed and he was some distance away from the earlier scene.
"The helmet the complainant was holding had very unique identifiers and bore a striking resemblance to the helmet worn by the suspect motorcyclist. On this record, while perhaps thin, I am unable to reasonably conclude that the subject officials were without a reasonable suspicion that the complainant was their suspect," Martino writes.
"Thereafter, it follows that the officers had grounds to take the complainant into custody for resisting peace officers in the execution of their duties when he attempted to escape."
Martino also concluded the amount of force used was reasonable, including baton strikes, kicks and knee strikes.
"The complainant was determined to get away and it was imperative in the interests of everyone’s safety, including a group of bystanders massing in the area, that he be removed from his motorcycle as soon as possible," and the matter be brought to a conclusion, Martino said.
