A man injured during a November 15, 2019 arrest at a Taco Bell in Belleville is suing the Belleville Police Service, a former Chief of Police and several officers.
Mario Baptiste Jr., a member of the Tyendinaga Mohawks, was wrestled to the floor in the restaurant by three officers on a Friday evening after police suspected he was involved in an alleged shoplifting incident earlier at Lowe’s Home Improvements.
He became unconscious during the arrest, also suffering a broken finger, a cracked rib, and other injuries. Officers called paramedics immediately
Baptiste, 34 at the time of the incident, has filed a Statement of Claim with the Ontario Supreme Court of Justice for damages totalling $550,000.
Named in the claim are the Belleville Police Service, former Chief of Police Ron Gignac, and Constables Paul Fyke, Jeff Smith, Kyle Dodds, and Jill McAuley.
In the claim Baptiste maintains the officers’ use of force was unprovoked and that it was not warranted, and that they should have known it was excessive and would cause injury.
Before the tussle Baptiste says he showed a receipt from the store to the officers as well as $500 cash suggesting he didn’t have to steal an energy drink with that much cash in his possession.
In the claim Baptiste says he’s suffered mental anguish and believes racism was involved in the arrest as he was known to police for participating in Mohawk protests including those led by Shawn Brant blocking railway lines.
There’s a long list of grievances against the police claiming contraventions of Canada’s Charter of Rights and Freedom
For its part in a Statement of Defence, the Belleville Police Service and officers deny knowing Mario Baptiste Jr. and say despite repeated requests he refused to stand up when asked by the officers. The claim maintains that after several requests Baptiste resisted arrest when an officer grabbed him and he continued to resist arrest leading to him being taken to the floor.
The claim said the officers met the standards of care expected of police and that Baptiste was unruly and verbally abusive and created the dispute. In the claim it’s stated it’s believed he was intoxicated either by alcohol or drugs.
The claim maintains that Baptiste is the author of his own misfortune.
None of the claims have been proven in court and charges were not laid after the incident.
Meanwhile, a criminal trial is coming to an end next week. Lawyers will offer their closing statements in a Belleville Superior Court courtroom on assault causing bodily harm charges laid by the province’s Special Investigations Unit against Constables Dodds, Fyke, and Smith. Recently the charge against Dodds was withdrawn. In what some see as a concerning move, the SIU did not begin an investigation into the incident until 13 months after it occurred.
The trial is being held in front of Mr. Justice Patrick Hurley.
