Sudbury officer cleared after man in crisis tased twice, had nose broken

Greater Sudbury Police Service uniform crest. (CTV Northern file)

Warning: graphic details of police interaction with someone during a mental health crisis.

Ontario's police watchdog has cleared a Sudbury officer of any wrongdoing after an incident with a man in crisis that resulted in him being tased twice and his nose broken.

Greater Sudbury Police Service was called to check on the well-being of a 41-year-old man acting erratically at his parent's home in Worthington, on the western outskirts of the city, just before 7 p.m. May 28.

The man's stepfather told police he had broken dishes, pulled the stove out of the wall and ripped paintings down from the wall, Ontario's Special Investigation Unit said in a report.

When officers arrived, he was outside beside his van, upset and yelling incoherently accusing them of being aliens and the devil. His mom explained his mental health challenges and despite the officers' efforts, the situation escalated to him threatening to harm himself. That is when the officers called for backup.

"When officers decided that they were going to apprehend the complainant under the Mental Health Act, he became combative and fought with the officers," SIU said.

A physical altercation ensued in the back of the van between the man and two officers with shields, resulting in the man being tased twice. While being pulled out of the van, he was punched in the face by an officer who he had spit at.

He was handcuffed, taken to Health Sciences North and held under the MHA.

"With respect to the force used by the officers in the complainant’s arrest, in particular, the punch delivered by the (subject officer) that likely broke the complainant’s nose, I am unable to reasonably conclude that it was excessive," SIU Director Joseph Martino said in his decision.

The discharge of the two conductive energy weapons "appear(s) to have been a measured and proportionate response in the circumstances," Martino said.

"As the officers were operating in a confined space with a belligerent individual kicking in their direction, there was a need to neutralize the complainant’s resistance from a distance as quickly as possible in the interests of their mutual safety … Having just been spit at, the officer was entitled to quickly deter the prospect of further assault by the complainant."

No criminal charges will be laid against either officer in this case.

Read the full report here.