VPD officer won’t face charges after man’s leg broken during struggle, says IIO

The Independent Investigations Office of B.C. (IIO) says a Vancouver Police Department officer did not commit an offence during a confrontation with a man that resulted in a broken leg.

According to the IIO’s report, officers encountered the man downtown on the evening of Jan. 25.

The officers allege that the man — who later told investigators that he had consumed about 10 alcoholic beverages at the time — made several sexual comments toward one of them. That officer told the man to “keep walking” and leave the area.

One of the other officers reported stepping in after he saw the man “draw back a fist as if intending to punch” the officer who was the subject of the investigation, according to the report.

The man was then taken to the ground, officers say.

“[One of the witnessing officers] said the two officers helped the [man] to his feet and pushed him in the direction they wanted him to take,” the report said.

“[The witnessing officer] said the [man] seemed unsteady, but they attributed that to intoxication and did not initially think he was injured.”

The man reportedly staggered and fell, at which point one of the witnessing officers realized his leg was broken. An ambulance was called.

One of the first responders said the man “smelled strongly of alcohol” and said he didn’t seem to feel pain while paramedics were applying a splint to his leg.

“When we put [the leg] slightly back in to realign position, he didn’t breathe differently, he didn’t flinch, didn’t make a single movement,” the paramedic said.

“So that is another reason I believe he would be quite intoxicated.”

After he was taken to hospital, it was found that he had multiple fractures of his tibia, fibula, and both inner and outer ankle bones.

“There was also a small puncture wound on the back of the calf where one of the broken bone ends had poked through the skin, consistent with the force that caused the fracture having been applied from the front of the leg, rearward,” the report said.

“The records do not include any complaint from the [man] about being kicked, but do record an account in which [he] was taken down to the ground: ‘[The patient was taken down to the ground. At the time, one of the officers landed on [the patient’s] leg, leading to an open fracture.’”

The report says that the man appeared to be “resistant and potentially assaultive,” which the officer said made it advisable to take him down to the ground.

“There is no persuasive evidence that the [officer] used any excessive force in doing so, or that he struck the [man] at any point.”

The only reasonable conclusion, the IIO’s report says, is that the man’s leg was injured accidentally.

Given all the evidence, the IIO says it is not recommending charges against the officer.

The IIO is called in after any police-related incidents that result in death or serious injury, whether or not there are any allegations of wrongdoing.