Man’s $4M lawsuit alleges St. Thomas police used excessive force

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A man has launched a $4-million lawsuit against St. Thomas police, alleging officers unlawfully detained him and used excessive force when arresting him two years ago.

William Bonwick, an inmate at the Elgin-Middlesex Detention Centre in London, filed a lawsuit against Const. Sean James, three other unnamed officers and the St. Thomas police board, the civilian body responsible for overseeing policing in the city.

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Bonwick, 31, was riding a bike on Sept. 1, 2022, when a police dog began chasing him before officers tackled him to the ground and arrested him, a statement of claim alleges.

During the arrest, the officers struck Bonwick in the head and shoulders, leaving him with serious and permanent injuries, and didn’t provide him with timely medical attention or inform him about his rights to legal counsel within a reasonable time period, the lawsuit alleges.

Bonwick wasn’t told the reason for his arrest and detention, the lawsuit alleges.

“Mr. Bonwick was detained, arrested and assaulted because he was perceived to be an addict and thereby a person with a disability and for no other lawful reason,” the lawsuit says.

“Police accountability is really important. We know in this case, from my client’s perspective, the force was excessive,” Bonwick’s lawyer, David Shellnutt, said. “The injuries he sustained will be long lasting. Only through a civil claim will he get the support he needs.”

St. Thomas police chief Marc Roskamp said he’s aware of the lawsuit.

“It’s been forwarded to legal counsel for response,” Roskamp said.

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Bonwick alleges in the lawsuit his injuries included a concussion, broken collar-bone, wounds from a conducted-energy weapon and psychological injuries including anxiety, depression, insomnia and nightmares.

Those injuries have affected Bonwick’s ability to earn an income and compromised his quality of life, the lawsuit alleges.

“He has been unable to carry on many of his normal activities of daily living and has required and will continue to require the assistance of others to provide for many of his needs,” the lawsuit alleges.

Bonwick is seeking $500,000 in damages for negligence, assault, battery and pain and suffering and $1 million in damages for out-of-pocket expenses and income loss.

Statements of claim, and responses filed in defence, include allegations not yet tested in court. St. Thomas police haven’t filed a statement of defence to the lawsuit.

Ontario’s police watchdog, the Special Investigations Unit (SIU), charged Const. Sean James, a dog handler, with assault causing bodily harm in November 2022.

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But Ontario court Justice Edward Graham dismissed the charge – later reduced to assault – ruling James’s use of force was “reasonable and proportionate.”

James testified he was driving in a cruiser on Sept. 1, 2022, when he spotted Bonwick, who was wanted on arrest warrants by multiple police forces, and told him to stop. According to James, Bonwick took off on his bike, prompting James to release his police dog, who was struck by a vehicle while giving chase, court heard.

Bonwick used two different bikes, ditched his shirt and cut through multiple yards before another police officer caught him in a parking lot, where the officer pulled his conducted-energy weapon, but didn’t deploy it, and told him to get on the ground, court heard.

James and another officer arrived and there was a struggle to handcuff Bonwick, who suffered a fractured collar-bone – an injury that was later determined to be unrelated to his arrest – and several scrapes, court heard.

Following the verdict, the head of the St. Thomas Police Association criticized the SIU’s decision to charge James, saying the watchdog shouldn’t have invoked its mandate because the initial charge was reduced after it was determined Bonwick’s fractured collar-bone wasn’t caused by James.

The SIU investigates all cases of serious injury, death, gunfire and allegations of sexual assault involving officers.

dcarruthers@postmedia.com

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