New Brunswick’s independent police watchdog has cleared an RCMP officer of any wrongdoing after a high-stakes arrest in Moncton left a suspect with a broken nose.
The Serious Incident Response Team (SIRT) released its findings regarding the June 2 operation, during which officers executed a search warrant at a local property. The investigation centered on an altercation between an Emergency Response Team (ERT) officer and a 55-year-old man who was among four people found at the residence.
According to the watchdog’s report, the officer encountered the man as he exited a garage on the property. The officer described the man as appearing “angry and frustrated,” and alleged that he refused to comply with multiple verbal commands to raise his hands. When the man attempted to pull away from the officer’s grasp, the officer pinned him against a forklift and brought him to the ground to secure him in handcuffs. During this struggle, the man sustained a broken nose.
In his statement to SIRT investigators, the man, who suffers from a hearing impairment, claimed he was unaware the individual approaching him was a police officer. He stated that while he noticed flashing lights and personnel carrying firearms, he could not hear the verbal commands being shouted at him and did not see the word “police” emblazoned on the officer’s tactical vest. He further alleged that the officer used excessive force, pinning his face into the floor with knees pressed to his back.
However, the watchdog concluded that the officer’s actions were reasonable given the circumstances. SIRT noted that while the man’s hearing impairment was a legitimate factor, the presence of law enforcement was clearly established by the visible flashing lights and the officers’ full tactical equipment. The watchdog determined that the officer was performing his duties to secure a potentially dangerous individual who was not following instructions, and that the force used did not exceed what was necessary to gain compliance.
The confrontation took place during a massive police operation that resulted in a significant seizure of illicit items. Following the arrest, the 55-year-old man was charged with 38 offences, including 25 counts of possession of property obtained by crime over $5,000.
During the search of the property, RCMP seized a substantial haul, including 26 stolen vehicles, 13 firearms, four prohibited weapons, and one kilogram of suspected cocaine.
In its final report, SIRT maintained that the officer’s conduct remained within the bounds of the law, noting that once the man was grounded, he became compliant and the handcuffs were applied without further incident. The watchdog stated that the officer only became aware of the man’s hearing impairment after the struggle had concluded. No charges will be filed against the officer involved.
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