This man says Toronto police left him with a broken nose and a serious eye injury. His lawyer wants to know why they didn’t tell the SIU

This man says Toronto police left him with a broken nose and a serious eye injury. His lawyer wants to know why they didn’t tell the SIU

Toronto police Const. David Hopkinson, speaking generally on Toronto Police Service policy, said police are expected to notify the SIU as soon as they’re aware that an injury might be serious or when they’re uncertain of an injury’s severity but recognize there’s a possibility it could fall under the SIU’s mandate.

On the SIU’s website, it states they are also to be notified if “a prolonged delay is likely before the seriousness of the injury can be assessed,” so that they can monitor the situation.

SIU investigators interviewed Clarke on Dec. 17. He also filed a complaint with the Office of the Independent Review Director on Dec. 20.

Clarke said police charged him at the Scarborough hospital and released him from custody on a promise to appear in court,

This story is based on police and medical documents provided to the Star by Clarke, from an interview with him in his lawyer’s office and his written account given to the OIPRD.

“Given this case is now under investigation by the SIU and by Professional Standards I am unable to offer any comment on the allegations that have been brought forward,” Toronto police spokesperson Meaghan Gray said.

Once the SIU becomes involved, police typically do not release information on a case. None of Clarke’s allegations have been proven in court.

The knocking began after 8 p.m.

“Somebody was calling, ‘Joe, hey Joe,’” Clarke told the OIPRD. Through the apartment door’s peephole, he said he saw a woman, whom he later learned was a plainclothes police officer. She had a pony tail, and was not wearing identification, he said.

“I thought maybe this was a crazy person,” Clarke, who lives with a cousin in a 10th-floor apartment unit, told the Star. He said he hoped the woman would leave, but the knocking continued, along with more calls for a “Joe.”

Clarke said he went back to the door and heard it being unlocked from the outside. He tried to lock the door, but it was unlocked again.

“And then, she just come in and I see all the police officers pointing a gun at me,” Clarke said.

Clarke said several officers in plainclothes — at least two women and three men — entered the apartment, when one male officer then put his gun in his holster and “just starts swinging,” said Clarke.

In his complaint, Clarke estimates being punched 20 times, including to his head and face, by a number of officers. He said he was down on the floor and recalls being kicked and held in a headlock.

It felt, he told the Star, “like my eye was coming out of my head.”

In his complaint, Clarke said it was while they were punching that the officers identified themselves as police.

He said he recalls an officer yelling, “Toronto police, stop resisting arrest.” To which he said he responded: “I’m not fighting, I’m not fighting,” and said, “I can’t breathe. You’re choking me.”

Clarke said he put his hands behind his back, was handcuffed and seated in a chair. He said “there was another police officer standing up and he had his gun on me, the whole time.” The female officer from the peephole, he said, looked at his facial injuries and said: “Whoa, which one of us did that?”

Clarke said the police — he said he doesn’t know the identities of any of the plainclothes officers — were looking for drugs and the brother of his roommate, who was on probation but had never lived there.

Clarke presented the Star with a copy of the search warrant, which does not list a name.

A police photographer arrived and documented the search while Clarke sat with his injuries.

“After they finished the searching, they say, ‘Oh, we don’t have him in custody no more. Take the handcuffs off and just wait. The paramedics are coming.’ And I was sitting there waiting on the paramedics,” Clarke said.

Clarke said he was seen by medical staff at The Scarborough Hospital who determined the eye damage required reconstructive work that would have to wait for morning, when a plastic surgeon would be on shift.

After about two hours at the hospital, Clarke said two plainclothes officers whom he did not recognize from the apartment search told him he was being charged with obstructing and resisting a police officer. He said the officers then asked him to sign a release form that meant he would not immediately have to go to the station to be booked or held for bail.

In his complaint, Clarke said police told him if he didn’t sign, they would take him to the station and his eye damage could become worse. Clarke said he signed after more than an hour.

Clarke was due to appear again at a police station to be fingerprinted and booked on the obstruct and resist charge, and has a first court appearance on Jan. 11.

Clarke said he had a first surgery in the morning after the incident and may require a second. He said he was also treated for a “nasal fracture.” According to a doctor’s report, he reported no change in vision in his left eye at the time, but he said that has since changed.

“I can’t see things closely, so it’s, like, foggy, and there’s a lot of pain,” Clarke said, adding he is suffering from headaches and doesn’t think he can see well enough to drive a car. Followup appointments with his doctor and an ophthalmologist are coming, he said.

Clarke said he has not returned to his apartment, fearing someone might let themselves in. “It’s kind of scary,” he said. He doesn’t think he can return to any kind of work for now and is now looking at going on social assistance.

In a recent report into Toronto police use of force, the Ontario Human Rights Commission — part of its ongoing inquiry into racial discrimination and racial profiling by the service — found “themes” in a review of SIU director’s reports related to police and Black citizens. In a number of cases, the SIU stated there was a “lack of legal basis” for police stopping and detaining a civilian at the beginning of an encounter, and “laying charges against the civilian that are without merit.”

Singh, Clarke’s lawyer, said he’s concerned he was the one who notified the SIU of the incident — as in the case of an off-duty Toronto police officer charged with beating Dafonte Miller, a Black teen, in Durham. Miller lost an eye in that incident, but it was his lawyer who contacted SIU.

“I had to take the initiative, and I have to thank the SIU for being very open and transparent and moving quick on this,” Singh told the Star. “But how often does this happen, and if I wasn’t offering my services to Mr. Clarke, would he get justice? It’s a huge concern that incidents like this go unreported, and even if they get reported, they go unassisted.”

SIU investigations can takes several months to complete. The SIU director then decides if any criminal charges are warranted.

“These allegations really bother me due to the nature of them, whereby (police are) attending an address for someone who is not wanted by police, they don’t identify themselves as police at the door, and then once they enter the apartment, there’s no attempt to ascertain his identity, ensure safety,” said Singh. “It’s just straight violence, as alleged by Mr. Clarke.”

With files from Alexandra Jones

Jim Rankin is a reporter based in Toronto. Follow him on Twitter: @Jleerankin

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