Video of alleged police assault of Mohawk man raises questions about delay in watchdog's probe

Warning: Some details in this story are distressing

Ontario's police watchdog initially balked at investigating an alleged police assault of a Mohawk man that was captured on camera and eventually led to charges against officers from Belleville, Ont., according to recent court testimony.

The province's Special Investigations Unit (SIU) — the agency tasked with death or serious injury cases involving police — notified the Belleville Police Service that it would not invoke its mandate days after the Nov. 15, 2019, occurrence, according to testimony heard in a Belleville court last month.

It would take 13 months for the SIU to open an investigation into the alleged assault following a separate complaint to the Office of the Independent Police Review Director (OIPRD), a civilian police oversight body, according to court testimony.

Const. Paul Fyke, Const. Jeffrey Smith and Const. Kyle Dodds were each charged in May 2021 with assault causing bodily harm in the arrest of Mario Baptiste Jr., 38, a gas station owner from Tyendinaga Mohawk Territory, located on the Bay of Quinte in southeastern Ontario.

Crown prosecutor Ian Bulmer withdrew the charge against Dodds shortly before the trial in Ontario's Superior Court of Justice began in October.

The alleged incident stemmed from an off-duty investigation by Fyke into a suspected "distraction theft" and stolen energy drink from a Lowe's store in Belleville. Fyke's call to police dispatch to take up the case led to the arrest at a Taco Bell of Baptiste Jr., who had purchased $33 worth of garbage bags and paper towels at the hardware store.

Baptiste Jr. lost consciousness after he was tackled to the ground by Fyke and Smith, according to testimony heard at the trial. He was taken by ambulance to the hospital and found to have a cracked rib and a broken pinky finger.

Fyke and Smith are jointly facing trial. Both testified in their own defence last month, stating they believed they had grounds to execute an arrest and they did not use unnecessary force.

Bulmer is expected to wrap up his final submissions to the court on Nov. 16. Defence lawyers — Harry Black for Smith and Kimberly Miles for Fyke — have already made final arguments.

Fyke, who was promoted to acting sergeant August 2022, testified he was notified by a superior the night of the alleged incident that the SIU would be contacted. He received an email a few days later informing him the agency would not be pursuing an investigation, according to his testimony.

Stan Jolly, a retired civil servant and former senior adviser on Indigenous justice issues with Ontario's Ministry of the Attorney General, said in an interview with CBC News he worries that the SIU's delayed investigation may have harmed the case.

"It's more difficult to do an investigation. People's memories have changed or become older, and it's just not as fresh," said Jolly, who helped Baptiste Jr. file the complaint with the OIPRD.

"There needs to be an inquiry into what happened here.... Who covered it up if it was a coverup?"