RCMP won’t be charged in 2015 arrest

Suspect suffered a broken leg when officers restrained him, but the justice branch found the force used was reasonable

Three Surrey RCMP officers will not be charged in relation to an arrest last year that caused a man to break his leg.

On Feb.. 28, 2015, Surrey Mounties responded to a 911 call from a landlord whose tenant was “trashing” the downstairs suite, according to a release by the B.C. Criminal Justice Branch.

“The scene when they arrived was described as chaotic,” according to a summary of a decision by the justice branch. “The suspect, a large adult male, was screaming and swearing, yelling at the officers that he wanted to be left alone. He appeared to be under the influence of some form of intoxicant.”

Police found the room he occupied was in a shambles, with broken glass strewn about the floor.

After a short time the suspect agreed to leave.

However, once he reached the awaiting ambulance, he had a change of heart.

“He began pushing and shoving at the officers to the point where he needed to be taken to the ground so that the officers could restrain his feet,” the decision states.

He suffered injuries to his nose and broke his right femoral head (top of the leg bone).

The suspect launched a complaint and charges of assault causing bodily harm were considered against the officers.

Officials with the justice branch found that the officers were acting within their normal duties, but had to determine whether reasonable force was used under the circumstances, or whether it was excessive.

“The use of physical restraint and force to gain compliance with police directions falls within the range of reasonable force options available to police who are faced with an arrestee who is attempting to resist a lawful arrest.”

Under the circumstances, the justice branch found there was no “substantial likelihood” that any of the three offices would be convicted of an offence.

As such, no charges against them have been approved.

 

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