(BRENDAN KERGIN/FILE PHOTO / iNFOnews.ca)

Two Vernon RCMP officers under investigation by the province's police watchdog will not face criminal charges after an arrest three years ago left a man with five broken ribs.

According to a Dec. 19 media release from the BC Prosecution Service, the evidence does not meet the charge assessment standard and there is no likelihood of a conviction for criminal offences in this case.

Following the man's arrest in June 2021, the Independent Investigations Office determined that there were reasonable grounds that the two officers involved may have committed assault causing bodily harm and assault with a weapon.

The arrest took place June 30, 2021, and left the man with five broken ribs, abrasions to his right shoulder, upper back, right wrist, right knee, above his right eye, and a cut to his big toe. The release does not name anyone involved in the situation.

The release says the victim's brother had driven to the Vernon Ministry of Children and Family Development with his two small children for an appointment on the day in question.

Staff at the Ministry knew the brother had been banned from driving and the victim was called to come and pick the children up as well as the RCMP.

While there, the victim was talking to the RCMP officer while sat in his SUV. The victim then shut his car door which hit the officer in the torso, and the officer then opened the door and grabbed at the victim.

A witness said they heard the RCMP officer telling the victim to calm down, but the situation escalated and the victim punched the RCMP officer in the chest.

He was then told he was being arrested for assaulting a police officer and told to get out of the SUV but refused.

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A social worker on-site pulled the two kids from the back of the SUV and the victim was bear sprayed by police and dragged out of the vehicle.

The event was captured on video, but not what happened to the victim once he was on the ground.

The victim had a different version of events.

"He said he was slammed down onto the pavement and that (the RCMP officer) stomped on his toe and kicked the back of his right shoulder. He said (the officer) jumped on top of him and proceeded to punch him behind the ears and in the back of the head 15 to 20 times before being handcuffed," the release reads.

He also claims he never hit either officer.

Five social workers saw the incident happen and one testified they saw the officer punch the victim three times in the head.

The victim also said he filmed the incident on his phone but the police deleted it. However, he refused to hand his phone over for forensic evaluation by the police watchdog.

Crown said the crux of the case comes down to whether the victim was being unlawfully detained by the police. If so, the police officers could possibly be charged with assault.

However, the Crown said there was no substantial likelihood of proving an unlawful detention in the circumstances and therefore the police's actions were justified.

The Crown also said the victim's evidence was "demonstrably unreliable" as much of his statement had been proven to be untrue.

"While his recollection of events may be honest, these discrepancies negatively impact on the reliability of his evidence about force used after he was on the ground," the statement reads.

The Crown concluded that there was no substantial likelihood that it could prove the RCMPs conduct during the arrest was unreasonable or excessive.

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