Veteran Niagara officer charged with assault after 'altercation with suspect,' police say

A veteran police officer has been arrested and charged with assault in Niagara-on-the-Lake, Ont., police say.

Const. Ben Tomiuck was taken into custody by Hamilton police on Tuesday, said the Niagara Regional Police Service (NRPS) in a news release.

He's been a member of the Niagara police service for 23 years and was assigned to general patrol in Niagara-on-the Lake, said NRPS. 

On Aug. 5, NRPS became aware of allegations involving Tomiuck, the release said. 

"In responding to a call for service, it was determined that an on-duty member of the NRPS had been involved in an altercation with a suspect," said police. 

NRPS requested Hamilton police investigate the incident to avoid any conflicts of interest. 

Tomiuck has been released from custody and will appear in Hamilton court in January, said NRPS. 

He's been suspended with pay, as required under the policing act.

The incident didn't require the Special Investigations Unit (SIU), the province's police watchdog, to investigate, said NRPS. The SIU becomes involved only when a person is seriously injured or dies during interactions with police, which didn't happen in this case. 

Officer involved in another incident 

In an unrelated civil court ruling in 2016, Superior Court Justice Peter Sweeny determined Tomiuck had pushed a woman who "was not intending to harm him in any way" while breaking up a house party.

The lawsuit was filed at the Superior Court of Justice in Welland against another police officer, Const. Matt Pouli, NRPS and the police service board.

The plaintiff said he'd been assaulted, falsely arrested and was prosecuted maliciously by Pouli and NRPS and was seeking damages. 

Tomiuck gave evidence during the civil proceedings, as he and Pouli had gone to break up the party together in 2008, said Sweeny's decision. 

A woman also gave evidence, saying that while in the house, Tomiuck "grabbed her and threw her face into the wall," said Sweeny. 

In response, the plaintiff asked Tomiuck, "can you do that?" 

Tomiuck replied, "We can do whatever the f--k we want."

Sweeny's decision said from there, the situation escalated with Pouli punching the plaintiff several times and then charging him with assaulting a peace officer.

The plaintiff was found not guilty at a criminal trial and Sweeny awarded him $28,500 in damages.