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2- The Oakville Beaver, Wednesday August 20, 2008 www.oakvillebeaver.com SIU clears Niagara police in death of Oakville man The provincial Special Investigations Unit (SIU) has cleared the Niagara Regional Police of any wrong doing in the death of a 29-year-old Oakville man more than a year ago. In a statement issued last week, SIU Director James Cornish has concluded there are no reasonable grounds to believe Niagara Regional Police Service officers committed a criminal offence in connection with the apprehension and subsequent death in custody of Orlando Rotolo, of Oakville. The SIU investigation determined that on July 23, 2007, Rotolo left his Oakville home and made his way to Niagara Falls where he checked into a motel. On July 25 at approximately 5:30 a.m., Rotolo placed two distress calls to 91-1 from his cell phone indicating that he was "in trouble across from the Old Casino" before hanging up. He believed that unknown persons were chasing him. The 9-1-1 operator called him back but he did not answer. Independent evidence gathered by the SIU showed that, indeed, no one was chasing him. Niagara Regional Police officers found a very agitated Rotolo at the intersection of Bender Street and Ontario Avenue. Civilian witnesses described Rotolo around this time as "hyperventilating, screaming, running around in circles and making incomprehensible sounds." The officers' attempts at coherent communication were unsuccessful and they called for backup and paramedics. "I am satisfied that the officers had lawful grounds to take Mr. Rotolo into custody in the circumstances," noted Cornish. "Mr. Rotolo was exhibiting symptoms of what appeared to some to be cocaine intoxication, paranoia, confusion, hyperactivity and intense perspiration, and was acting in a bizarre manner. It was decided that he should be taken into custody under the Mental Health Act for his own protection and the protection of others." Six officers attempted to subdue the 5-foot-11, 313pound man. During the struggle, Rotolo broke away and jumped from a parking lot retaining wall, falling approximately six feet onto the parking lot and striking his head and face on the pavement. Police caught up with Rotolo, and the struggled resumed. There was no Taser available at the scene. Officers used physical force including their batons on his limbs to control Rotolo, who, as Mr. Cornish noted, "was able to shake off the combined weight of four officers on his back, including one officer who was 6foot-4 and 245 pounds. This was a clear indication of the incredible strength and power Rotolo exhibited during the intense physical struggle with the police." After a prolonged struggle, officers managed to restrain Rotolo's hands behind his back using three sets of handcuffs -- one on each wrist and a third to bind them together. The officers placed Rotolo in a seated position to avoid pressure on his chest and to ease his laboured breathing. However, although handcuffed, Rotolo continued to swing his arms and legs and was spitting blood in the direction of the officers, prompting them to place him on his side and in a prone position for periods of time. In a further effort to subdue Rotolo, one officer directed a short burst of pepper spray at him during this time, but it had no effect. It is unclear whether that burst of pepper spray contacted Rotolo. Arriving paramedics were unable to treat Rotolo because of his continued resistance, so they administered a sedative to calm him. Shortly afterwards, Rotolo lost vital signs. Despite efforts at resuscitation and life-saving attempts in the ambulance while enroute to hospital, Rotolo was pronounced dead shortly after his arrival. The post-mortem found that Rotolo had potentially lethal levels of an illegal substance in his blood and died as a result of toxic effects associated to that drug. There were multiple superficial blunt force injuries consisting of bruises and scrapes, but none were determined to be factors in the cause of death. "In my view, there are no reasonable grounds to believe that the force described by the subject officers, consisting of baton, elbow and knee strikes to Mr. Rotolo's arms, legs and torso, together with the sheer bodily force they expended while grappling with Mr. Rotolo in the parking lot, was more than was necessary to control and take him into custody," concluded Cornish. "It is clear on the evidence that Mr. Rotolo exhibited phenomenal strength in resisting the officers' efforts to take him into custody. The mere fact that it took six officers to finally handcuff Mr. Rotolo's hands behind his back, and then only by linking three sets of handcuffs together, is testament to the physical challenge that confronted the officers. I am satisfied in the circumstances that the force described by the officers was reasonable." With regard to the medical threat posed by positional and restraint asphyxia, Cornish said: "The officers were alive to those risks and took measures to mitigate that danger by placing Mr. Rotolo on his side and in a seated position while they waited for the ambulance to arrive. "Regrettably, because of his continued resistance on the ground, they also had to keep Mr. Rotolo in a prone position for periods of time. I can find no fault with the officers' course of conduct in this regard. It was not unreasonable for them to do as they did in the face of Mr. Rotolo's continued resistance." Six SIU field investigators and three forensic investigators were assigned to this case. Six subject officers and nine witness officers were designated and interviewed as well as three members of the Niagara Regional Emergency Medical Services and 20 civilian witnesses. e I deas that W ork! · exotic · urban · classic · contemporary cabinetry solutions tailored to specific needs D E S I G N MANUFACTURE · down to earth prices · high-tech manufacturing with old world craftsmanship and attention to detail INSTALLATION AYA KITCHENS OF OAKVILLE 1195 North Service Rd. W., Unit #1 & #2 905.847.1522 · Fax: 905.847.1951 e-mail: oakville@AyAkitchens.com www.AyAkitchens.com 217 Lakeshore Road East Downtown Oakville Since 1953 www.swissinteriors.com 905.844.3530