An Abbotsford Police officer will not face charges in relation to a July 2023 incident in which a man’s larynx was fractured during an arrest.
The Independent Investigations Office (IIO) of B.C. announced on Friday (July 2) that the B.C. Prosecution Service (BCPS) had not approved charges in the case.
The IIO reported in October 2024 that it had completed its investigation of the incident and had referred the file to BCPS for the consideration of charges.
The incident took place just before 7:30 p.m. on July 31, 2023.
The IIO said an officer was in an unmarked police vehicle and was driving along Clearbrook Road when he saw a man allegedly engaging in an indecent act near Mt. Waddington Avenue.
“The officer pulled over and attempted to place the man under arrest. However, there was an altercation while the man was being taken into custody,” the IIO stated in a previous press release.
The man was first taken to the Abbotsford Police Department and Emergency Health Services were then called in. He was taken to hospital, where he was found to have sustained a serious injury, the IIO stated.
The report released on Friday states that during the arrest of the man, the officer used a “vascular neck restraint” and struck him with his hand in the torso.
Two additional officers who arrived on scene also struggled with the man. The man was then pepper-sprayed by the first officer before he stopped resisting and was placed in a police vehicle.
After the arrested man was brought to the police station, he complained of throat pain and was taken to the hospital, the report states.
“It was determined that he had suffered a fractured larynx. He was discharged from hospital after several days of monitoring,” the report says.
The evidence reviewed by the BCPS included video footage and statements from civilian witnesses and the attending officers.
The agency concluded that the officer in question “was justified in using force that was reasonable, necessary and proportionate in the circumstances to complete the arrest.”
“There is no substantial likelihood of establishing that the force used was more than necessary to take control of (the man) as quickly as possible,” the BCPS states in its report.
“Police are trained that the (vascular neck restraint) and OC spray may be appropriate responses to a subject engaging in resistant and assaultive behaviour during a lawful arrest.”
The IIO investigates incidents of death or serious harm that might have been the result of actions or inaction of a police officer.
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