No charges against officer involved in arrest where suspect suffered broken leg

 

Charges will not be laid against a Prince George RCMP officer who was involved in an arrest where the suspect suffered a broken leg, according to a statement issued Wednesday by the B.C. Prosecution Service.

The arrest occurred July 11, 2015.

The officer was in uniform and on bicycle patrol with another member of the Prince George RCMP. The two officers noticed individuals coming out of a treed area along Patricia Boulevard where people are known to gather to drink.

As the officers approached, they heard yelling and observed one male (the suspect) leaving the area. The officers approached the area to determine whether individuals were consuming alcohol or whether there was an altercation. There, they noticed a scattering of empty beer cans amongst a group of people. They also noticed two intoxicated individuals who they had dealt with earlier that night and another man so intoxicated that he was incapable of saying his name.

The subject officer’s partner decided to arrest these three people for being intoxicated in a public place. At this point yelling could be heard coming from the suspect on the street. The group advised the officers that this was a man who had been previously causing problems. The second officer observed the suspect staggering in the middle of Patricia Boulevard.

He was concerned that this person was going to be hit by a car in the street or start a fight or altercation with the group with whom he was speaking. He asked the subject officer to investigate and the subject officer rode his bicycle over to the suspect. The suspect was told to stop by the subject officer but he ignored the demand and walked away from the officer.

When the subject officer attempted to arrest the suspect he became resistant. The subject officer used force to overcome the resistance and the suspect was taken to the ground and restrained. During the arrest, the suspect suffered a tibial plateau fracture to his left leg which required surgery.

The incident was investigated by the Independent Investigations Office, which subsequently submitted a report to Crown counsel (RCC) for review by the B.C. Prosecution Service.

The service has concluded that the available evidence does not meet the B.C. Prosecution Services “charge assessment standard.” The B.C. Prosecution Service would not be able to prove, beyond a reasonable doubt, that the officer committed a criminal offence or used excessive force in the administration or enforcement of the law.