The Independent Investigations Office of BC (IIO) has cleared the Nanaimo RCMP of any criminal wrongdoing in connection with the injury of a man during an arrest last summer.
However, the civilian oversight agency criticized the police for not seeking medical assistance for the man sooner after he was placed in police custody.
The incident took place in the early hours of July 14th, 2023, when a security guard at a parkade in Nanaimo called the RCMP to assist in moving two individuals out of the area.
When two officers arrived on the scene, they reportedly asked the man, “Do you want to go home or do you want to go to jail?”
The man, who admitted to being intoxicated at the time, was arrested after refusing to leave.
According to the IIO’s report, the man sustained a knee injury during the arrest and was transported to the hospital the following day.
Medical records confirmed that he suffered a “mildly impacted intra-articular fracture of the lateral tibial plateau” and underwent surgery, remaining hospitalized for over a week.
The IIO investigation, which included statements from the man, the security guard, two paramedics, four jail guards, and two police officers, as well as video footage from the police detachment, provided a detailed account of the arrest and subsequent events.
The man alleged that the officers kneed him in the leg during the arrest and made derogatory remarks about his homelessness.
He claimed he was told, “You’re homeless, it doesn’t matter,” when he expressed concern about his injury, and further alleged that he was denied medical attention while in custody.
However, these claims were not corroborated by other witnesses.
The security guard on the scene stated that the man resisted arrest, but he did not see officers strike the man’s leg or hear the man complain of pain.
Video footage from the police detachment showed the man limping but did not support the allegation of excessive force.
The arrest was described as “unremarkable” by the officers involved.
The IIO’s interim chief civilian director, Sandra J. Hentzen, concluded that the man’s allegations were not sufficiently reliable to substantiate claims of unjustified use of force.
While Hentzen acknowledged the injury may have occurred accidentally as the man was being arrested, there was no evidence to suggest criminal misconduct on the part of the officers.
Nonetheless, the IIO raised concerns about the delayed medical attention provided to the man. Despite the man exhibiting signs of pain and limited mobility during his 10.5-hour detention, he did not receive medical assistance until the following morning.
While this delay in care was described as “lax” by Hentzen, she emphasized that it did not rise to the level of a criminal offence.
The investigation has now concluded, and no charges will be brought against the Nanaimo RCMP officers involved in the incident.
