Officer used reasonable force in man’s arrest after police dog hit: Judge

ST. THOMAS – A police officer whose service dog was struck by a car while chasing a fleeing suspect used “reasonable and proportionate” force to arrest a man, an Ontario Court Justice ruled Thursday.

Article content

Ontario’s police watchdog, the Special Investigations Unit (SIU), charged Const. Sean James of St. Thomas police with assault causing bodily harm in November 2022 after a suspect fleeing from police on a bike was seriously injured.

Article content

James was driving in a cruiser on Sept. 1, 2022, when he spotted a 29-year-old man wanted on arrest warrants by multiple police forces.

James told the man to stop, but he took off on his bike, prompting James to release his police dog, Axle, who was struck by a vehicle while pursuing the fleeing man, court heard.

The man used two different bikes, took off his shirt and ran through several backyards before another police officer caught him in a plaza parking lot, where the officer pulled his conducted-energy weapon and told him to get on the ground, court heard.

Article content

James and another officer arrived at the scene and there was a struggle on the ground to handcuff the man, who suffered a fractured clavicle – an injury that was later determined not to be related to his arrest – and several scrapes, court heard.

“There’s no dispute that Mr. James applied some use of force,” Ontario Court Justice Edward Graham said.

The SIU initially charged James with assault causing bodily harm, but the charge was later reduced to assault.

Crown attorney Vlatko Karadzic argued James assaulted the man as an act of revenge because Axle was struck by a vehicle, but defense attorney Peter Brauti countered the use of force was completely justified.

Body-camera footage from James and the other two officers, along with surveillance video that captured the encounter, played a key role in James’s trial, where his body camera footage captured him venting about his injured dog before catching up with the man.

Article content

“My dog ​​got smoked by a car. He’s f—ing dead,” James is heard saying about the man.

But Graham determined James’s use of force was “reasonable and proportionate” and dismissed the charge.

Nearly two dozen St. Thomas police officers packed the courtroom at the Elgin County Courthouse for the decision. Graham started the one-hour proceeding by cautioning everyone in attendance that any outbursts following his ruling wouldn’t be tolerated.

Outside the courtroom, a visibly relieved James hugged and shook hands with his fellow officers before leaving the courthouse.

The head of the St. Thomas Police Association said the union had backed James and was happy about Thursday’s outcome.

“We’ve maintained his innocence throughout the whole time,” Const. Paul Tunks said. “We felt the judge made a sound and reasonable decision and we’re very appreciative about that.”

Article content

But having a criminal charge hanging over his head for more than a year was stressful for James, Tunks said.

The union president also questioned the SIU’s decision to charge James, noting the initial charge was reduced after it was determined the man’s fractured clavicle wasn’t caused by James.

“At that point, the SIU’s mandate shouldn’t have been invoked to begin with,” he said. “We thought the SIU investigation was flawed from the beginning.”

The SIU investigates all serious injuries, death, gunfire and allegations of sexual assault involving police.

James could face potential discipline under the Police Services Act, the law governing policing in Ontario and under which police forces hold disciplinary hearings into professional misconduct. After a criminal proceeding against a police officer is completed, the force conducts a mandatory internal investigation to determine whether professional misconduct charges are warranted.

Axle, a Belgian Malinois, has made a full recovery and is back on the job.

[email protected]

Article content