Timmins police failed to get woman medical help, SIU concludes

An incident in Timmins in January that began as an intimate partner violence call ended with two people being tased and a woman getting a concussion after being punched in the head. (File)

An incident in Timmins in January that began as an intimate partner violence call ended with two people being tased and a woman getting a concussion after being punched in the head.

And while an investigation concluded Timmins police did nothing wrong during the arrest, officers were criticized for not getting the woman medical attention despite repeated requests.

According to the incident narrative compiled by Ontario’s Special Investigations Unit, police arrived to a chaotic scene at around 8:26 a.m. on Jan. 3 in the area of Ross Avenue East and Hemlock Street.

Police received a report of a domestic disturbance, the SIU said.

“On his arrival, the officer observed a male … straddling the complainant and holding her down on the roadway,” the SIU report said.

Punched multiple times in the head

“Ordered to remove himself from the complainant, (the man) did so while explaining to the officer that she had damaged his property and assaulted him.”

At that point, police decided to arrest the woman for assault and mischief. A scuffle ensued in which the officer said he was attacked by the woman. He punched her in the head three times and used his Taser (CEW) on her and the man, who came at police when the officer began struggling with the woman. Both of them were arrested.

SIU director Joseph Martino wrote in his report that there is no evidence that the male officer “used unlawful force” during the arrests.

“He acknowledges that he punched the complainant twice to the left side of the head, but explains that he did so because she was swatting at him, attempting to pry his hands off her arm, and refusing to comply with directions that she desist,” Martino wrote.

Joined the attack

“The blows were successful in getting her to the ground, where he handcuffed her behind the back. Shortly after, it is common ground in the evidence that (the man) attacked the (arresting officer), punching him in the face and knocking him to the ground. According to the officer, the complainant joined in the attack, kicking him twice in the head. To protect himself, the (arresting officer) says that he fired his CEW at the complainant, and that she fell to the ground.”

“In fact, the complainant was captured on video at the police station indicating that she had, in fact, kicked the officer in the head,” Martino added.

While concluding there was no basis for charges against police for actions during the arrest, he said there “appears to be evidence of potential misconduct” by staff at the police station following the woman’s arrest.

Despite making repeated requests, and being told by staff that they would get her medical attention, she was released from custody without being examined.

“The complainant repeatedly requested medical attention and complained of head pain, swelling, dizziness and being punched in the head,” the SIU said.

“A review of the recordings identified multiple requests for medical assistance during her detention.”

She ended up going to hospital on her own Jan. 10, where she was diagnosed with a concussion.

“In possible violation of sections 19 and 27 of the Police Code of Conduct, no arrangements appear to have been made for medical assistance despite the complainant repeatedly asking for medical attention while in cells because her head hurt,” Martino wrote.

“I will be referring this matter to the police service for their review. Further to section 35.1 of the Special Investigations Unit Act, 2019, I will also be referring the matter to the Law Enforcement Complaints Agency.”

Read the full report here.