SIU clear police in Fleming altercation
The altercation involved 18-year-old first-year student Josh Hubert of Fanshawe College as he was out partying near 190 Fleming Drive, an off-campus privately owned student housing complex near the school.
“The first year student was intoxicated in a public place with a can of beer in his hand when officers exercised their legal authority under the Liquor License Act to arrest the teenager because he refused to identify himself,” said SIU Director Ian Scott. “He fought with both officers, who meted out a series of punches and knee strikes in order to subdue and take him into custody.”
The incident occurred in the early morning hours on September 6, 2008 when a group of London Police Officers was patrolling primarily the area around Fanshawe College when they were notified about open drinking and other alcohol-related problems around the heavily patrolled area.
Hubert sustained a fractured orbital bone under his left eye socket as a result of a struggle with London Police, who at the time were attempting to arrest him for having open liquor in a public place and refusing to give his identity.
Following the power struggle involving two officers and the young student, more uniformed officers were notified to come put the situation at ease eventually handcuffing Hubert.
According to Scott, given the nature of this volatile and dynamic situation, the force used by the subject officers was not excessive under the circumstances.
The SIU is a civilian agency that investigates cases of serious injuries (including allegations of sexual assault) and deaths involving the police. The Director of the SIU is mandated to consider whether an officer in connection with the incident under investigation has committed a criminal offence and, where warranted by the evidence, to cause a criminal charge or charges to be laid against the officer.