Police Blotter for the Cornwall Ontario Area & SIU Reports – Thursday June 13, 2013

DOMESTIC THREATS

            Cornwall, ON- A 17-year-old Cornwall man was arrested on June 11^th, 2013. It is alleged that on June 11^th, 2013 he uttered threats towards his 18-year-old ex-girlfriend. Police were contacted and he was charged with Utter Death Threat. He was released to appear in court on July 11^th, 2013. His name was not released as it would identify the victim and as per provision under the Youth Criminal Justice Act.

PROSTITUTION & WARRANT

            Cornwall, ON- Kimberly Laird, 32 of Cornwall was arrested on June 12^th, 2013 under the strength of an outstanding bench warrant. It is alleged that on June 4^th, 2013 she failed to attend court. She was bound by two Undertakings with the relevant condition of keep the peace and be of good behaviour. It is further alleged that on June 12^th, 2013, she communicated with another person, being an undercover member of the Cornwall Community Police Service, for the purposes of engaging in prostitution. She was charged with 2 counts of Fail to Comply with Undertaking and Prostitution. She was held in custody until court the following day.

DOMESTIC ASSAULT

            Cornwall, ON- A 52-year-old Cornwall man was arrested on June 12^th, 2013. It is alleged that he got into an altercation with his 48-year-old girlfriend when he assaulted her. The victim did not require medical treatment. Police were contacted and an investigation followed. He was charged with Domestic Assault and held in custody until court the following day. His name was not released as it would identify the victim in this incident.

STOLEN VEHICLE, BREACH & THEFT UNDER

            Cornwall, ON- Gerald Poitras, 46 of Cornwall was arrested on June 13^th, 2013. He was bound by a Probation Order with the conditions of keep the peace and be of good behaviour. He was also a suspended driver province wide. It is alleged that on June 10^th, 2013 he was found by a member of the Cornwall Community Police Service Community Patrol Division to be in possession of a stolen vehicle. Further investigation revealed that on June 10^th, 2013 he also removed property from a motor vehicle. He was charged with Possession of Stolen Property Over $5000, Drive Disqualified, Theft Under $5000 and 3 counts of Breach of Probation Order. He was held in custody until court the following day.

BREACH               Cornwall, ON-  A 32-year-old Cornwall male was arrested on June 10, 2013.  He was bound by a Recognizance of Bail with the relevant conditions not to associate or communicate directly or indirectly with his ex-girlfriend, nor to attend within 100 meters of her.  It is alleged that between April 18, 2013 and June 5, 2013, he had contact with her by text messages, telephone calls, and in person.  He was charged with two counts of Breach of Recognizance.  He was held for a Bail Hearing on June 11, 2013.  His name is not being released in order to protect the identity of the victim.

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DOMESTIC MISCHIEF   Cornwall, ON-  A 22-year-old Cornwall male was arrested on June 10, 2013.  He was bound by a Recognizance with the relevant conditions not to associate or communicate directly or indirectly with his ex-girlfriend except with her written revocable consent and to keep the peace and be of good behaviour.  It is alleged that on June 10, 2013, he attended her residence and she refused him entry.  He proceeded to cause damage to items in her yard as well as to her motor vehicle.  He was charged with Domestic Mischief and two counts of Breach of Recognizance.  He was held for a Bail Hearing on June 11, 2013.  His name is not being released in order to protect the identity of the victim.  

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From the OPP:

Ontario Provincial Police News Portal [STORMONT DUNDAS and GLENGARRY] Aircraft Used in Enforcement 2013-06-13

Ontario Provincial Police News Portal [STORMONT DUNDAS and GLENGARRY] Domestic Incident 2013-06-12

Ontario Provincial Police News Portal [STORMONT DUNDAS and GLENGARRY] DOMESTIC INVESTIGATION/IMPAIRED DRIVER/RESIDENTIAL FIRE 2013-06-11

From SIU in Toronto;

Street Correction (Bakers Drive): SIU Concludes Death Investigation in Chatham

Case Number: 13-OCD-123

Mississauga (11 June, 2013) — The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Chatham-Kent Police Service officer with any criminal offence in relation to the death of a 30-year-old man last month. The SIU assigned four investigators and two forensic investigators to probe the circumstances of this incident. As part of the investigation, four witness officers were designated and six civilian witnesses were interviewed. The subject officer participated in an SIU interview and provided a copy of his duty notes. The SIU investigation found that the following events took place on Friday, May 17, 2013: • At approximately 3:30 p.m., the subject officer was dispatched to Park Avenue West and Bakers Drive regarding a call of two individuals going through vehicles. • When the subject officer arrived at the location, another officer was talking to a male and female, and questioning them about the contents of their bags. The subject officer knew the individuals from previous involvement with the police. On the basis of their answers, both individuals were placed under arrest for theft and possession of stolen property. • The subject officer began to walk back to his cruiser when he saw the male start to run north across Park Avenue West. The officers pursued him and yelled at him to stop and that he was under arrest. The man continued to flee and ran toward the train tracks that lay parallel to and approximately 130 metres north of Park Avenue West. The subject officer caught up to the man who was ascending an embankment near the railway tracks and grabbed one of the man’s pant legs. The man responded by kicking free, causing the officer to slip. • The man continued to run toward the railway tracks. At the same time, a VIA Rail Canada passenger train was travelling westbound at approximately 75 km/hr. Its operator saw the man running toward the tracks and immediately activated his electronic whistle, and then the train’s emergency horn. • Nonetheless, the man ran onto the tracks and either tripped or slipped on the rail-bed stones. He was struck by the train and died instantly. Director Scott said, “In my view, the subject officer had the lawful authority to pursue the man – he had witnessed another officer place him under arrest for indictable offences and had no reason to doubt the lawfulness of that arrest. When the man fled police custody in an attempt to evade the police, the subject officer had the authority to apprehend him under s. 25 of the Criminal Code which gives officers the power to apprehend for the purpose of enforcing the law. The man ran in front of a moving passenger train in an attempt to escape police custody and could not avoid being struck by the train. While the man’s death is a tragic event, no criminal liability may attach to the actions of the subject officer.” The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

• consider whether an officer has committed a criminal offence  in connection with the incident under investigation
• depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
• report the results of any investigations to the Attorney General.

IU Concludes Injury Investigation in Toronto

Case Number: 13-TCI-118

Mississauga (11 June, 2013) — The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Toronto Police Service officer with a criminal offence in relation to the injury sustained by 22-year-old Dylan Deziel last month. The SIU assigned two investigators and one forensic investigator to probe the circumstances of this incident. As part of the investigation, two witness officers and three civilian witnesses were interviewed. The subject officer provided his duty notes and a statement to the SIU. The SIU investigation found that the following events took place on Thursday, May 2, 2013: • In the early afternoon hours, the subject officer and his partner were on bicycle patrol in uniform at Bellevue Square Park. They were familiar with the city parks by-laws because they had been specifically detailed to enforce them. • The officers were involved in arresting another individual in an unrelated matter when the subject officer’s attention was drawn to Mr. Deziel who was climbing up a tree near the playground area. It is a municipal offence under the Toronto Municipal Code to climb a tree on city property without a permit. The officer rode his bicycle over to the tree and ordered Mr. Deziel to come down, and informed him that being in the tree was a prohibited activity. Mr. Deziel argued with the officer, first questioning whether he was a police officer and then complaining about the existence of a law prohibiting climbing a tree in the park. The subject officer reiterated that he had to come down from the tree and decided to arrest Mr. Deziel for failing to leave the premises when directed and engaging in a prohibited activity, contrary to the Trespass to Property Act. • After several minutes, Mr. Deziel descended from the tree. The officer thought Mr. Deziel was about to flee as he landed on the ground, and attempted to grab his arm. Mr. Deziel pulled backward and told the subject officer to “back off”.  The versions of events after this point diverge. On the one hand, Mr. Deziel said that he was thrown face first onto the ground.  On the other hand, the subject officer said he used his leg to cause him to fall on his back on the ground in the process of arresting him. • Mr. Deziel was helped to his feet and briefly handcuffed. • Later that day, Mr. Deziel went to Toronto Western General Hospital where he was diagnosed as sustaining a fractured left collarbone. Director Scott said, “I would like to first address the lawfulness of this arrest. The subject officer had the delegated authority to enforce breaches of the Trespass to Property Act as an agent of the City of Toronto. Here, the complainant was climbing a tree on city property. The subject officer gave him notice that he was engaging in a prohibited act when he told him that it was illegal to be in a tree and to climb down. Accordingly, I am of the view that the subject officer had both the lawful authority and reasonable grounds to arrest Mr. Deziel for engaging in this prohibited activity under the Trespass to Property Act. “The subject officer initially arrested Mr. Deziel under the Trespass to Property Act, but ultimately charged Mr. Deziel solely with the municipal by-law offence of climbing a tree on city property. The fact that the subject officer did not ultimately charge Mr. Deziel for an offence under the Trespass to Property Act does not affect his lawful authority to make the arrest.” Director Scott continued, “During the arrest, Mr. Deziel put up some form of resistance that led to his being taken to the ground. While there is dispute about how he landed, I am of the view that he probably fractured his clavicle in the grounding process. However, there is no suggestion that the subject officer directly struck the complainant in the left shoulder area. Pursuant to s. 146 of the Provincial Offences Act, the subject officer had the right to use as much force as necessary to do what he was authorized to do and, as mentioned, I am of the view that he had the lawful authority to arrest Mr. Deziel. In the circumstances, I cannot conclude that the force used was excessive given that Mr. Deziel did resist.”