Investigation clears officers of wrongdoing in arrest

An Independent Investigations Office investigation into excessive force used in a the arrest of a Penticton man has concluded officers acted properly in the incident.

Details of the incident and conclusions of the investigation were released by the Independent Investigations Office today, Dec.10, after a male motorist alleged he was seriously injured in the course of an arrest by Penticton RCMP on Aug. 17, 2018.

The man was passing by a Tim Hortons driveway when he slowed his vehicle to let a police cruiser into traffic. The officer didn’t immediately take the opportunity and the motorist made a questionable gesture that could have been a signal of distress, as he drove by.

The officer pulled out into traffic and signalled the driver to pull over. The officer then advanced on the driver.

After a few moments’ heated conversation, the officer returned to his vehicle, followed by the motorist who refused to return to his vehicle.

A physical altercation ensued when the motorist continued to refuse to return. During the altercation, the officer accidentally called for backup when an alert button was deployed.

The officer attempted to deescalate the situation but continued to deal with resistance from the motorist. As the officer tried to effect an arrest, the two fell to the ground, attracting the attention of nearby civilians who were offering assistance just before the backup officer arrived.

He joined his fellow officer in an attempt to control the motorist, and at one point delivered a knee strike to the abdomen, which subdued the man.

The motorist was taken to hospital where he was diagnosed with rib fractures.

The independent investigations office found the officers acted lawfully and reasonably in the amount of force used in the arrest, calling it an unfortunate reality the motorist turned what started as a routine traffic stop into a physical confrontation.

It further found the motorist’s decision to leave his vehicle and continually refuse to follow directions resulted in force having to be used against him, and the investigation determined that force used was only what was necessary.

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