A burglary suspect who suffered a broken orbital bone and shoulder as well as police dog bites to his arm and leg during an arrest will not see criminal charges laid against the three Vancouver police officers who captured him.
The Criminal Justice Branch of the Ministry of Justice announced Monday that the force used by police was not unreasonable in arresting the man April 12, 2013 in Yaletown’s Helmcken Park.
“As a result, the branch has concluded there is no substantial likelihood that any of the officers would be convicted of any criminal offence relating to their apprehension and arrest of the complainant, and their use of force against him,” according to the report released by the branch.
Police were responding to a report of a burglary at a business on Nelson Street. A police dog handler and his dog tracked the suspect into a bush in Helmcken Park. The suspect told investigators he was about to surrender but claimed the officer intentionally set the dog on him, which caused him to put the dog in a leg lock and attempt to choke him out.
“The complainant estimates there were three to five officers involved and he was hit multiple times with a baton, including blows to his face and body,” the report said. “He estimates being hit 10 or 20 times, four or five of which were to his face. He thought two officers had batons and that both were using them on him during the incident.”
The report noted the suspect’s version of events was markedly different from the statements of police officers. The dog handler said he wasn’t aware of anyone in the bush until the dog “engaged with the person.” Had he been aware beforehand, the officer would have given instructions for the suspect to come out.
The handler said he heard no sounds from his dog and worried he was being choked. The officer entered the bush and delivered two “knee strikes as hard as he could to the left buttock/upper thigh of the suspect, without effect.”
Another officer who responded kicked the suspect twice in the midsection “without effect and so he used his baton and struck the suspect twice on his legs, after which the police dog was able to break free of the leg lock.” A third officer struck the suspect four to six times, aiming at his upper right arm and bicep.
“The officer states that he shouted for the person to let go of the [dog] and when there was no compliance, he re-evaluated the situation before striking again,” the report said. “During this course of action, he and the dog handler continually shouted instructions to the suspect to release the police dog.”
After the dog was released, the suspect was transported to hospital for treatment. His name was not provided in the branch’s report, nor was there any indication whether he faced charges in the incident.
The branch reviewed the case at the request of the Independent Investigations Office after Chief Civilian Director Richard Rosenthal determined that an officer may have committed an offence.
