Constable guilty of using excessive force in arrest of Cambridge woman must take training, lose week’s pay

A Waterloo Regional Police officer who was found guilty of two counts of misconduct in August, but found not guilty of racial bias for the 2017 arrest of a Cambridge woman, will lose eight days of pay and is required to take training on conflict resolution and powers of arrest.

On Tuesday, hearing officer Debra Preston, released her penalty decision in regards to a disciplinary hearing into Waterloo Regional Police Constable Jesse Foster.

Foster arrested Natasha Broomes, who is Black, in the summer of 2017 after he followed her home as part of a traffic stop in Cambridge.

Broomes was arrested on her front lawn.

The police hearing adjudicator called the arrest “unlawful and unnecessary”.

The arrest was made after the officer responded to a weapons calls in the area that indicated a Black man with dreadlocks had left the scene in a red SUV.

Foster, who is white, was found guilty of excessive force.

Tuesday's hearing was the result of a public complaint made to the Office of the Independent Police Review Director (OIPRD), which independently and separately investigated the complaint.

The matter proceeded to a disciplinary tribunal that had an outside, independent prosecutor and hearing officer, with full participation by Broomes.

Foster was found guilty on Aug. 3, of unlawful or unnecessary exercise of authority – unlawful or unnecessary arrest and unlawful or unnecessary exercise of authority – excessive use of force contrary to the Police Services Act (PSA).

Preston’s decision was issued electronically and, in efforts to remain transparent and accountable, the Waterloo Regional Police Service said it is releasing the penalty decision publicly.

After reviewing all evidence and submissions involved in the hearing, Superintendent Preston issued the following penalty, imposed under Section 85 (1) (f) of the Police Services Act:

1. For Unlawful or Unnecessary Exercise of Authority – Unlawful or Unnecessary Arrest and Excessive Use of Force (concurrent), a forfeiture of eight days.
2. Constable Foster must attend the following in-class and/or scenario-based training as provided by the Waterloo Regional Police Service or, if not available, attend the Ontario Police College, another police service, or an accredited external training program, which encompasses the following topics:

• Conflict Resolution and De-escalation Techniques involving interaction with all members of the community
• Investigative Detention
• Highway Traffic Act and Criminal Code Powers of Arrest

In a press release, the Waterloo Regional Police Service said it respects the findings of the disciplinary tribunal and wishes to thank Superintendent Preston for her thorough review and decision.

WRPS said it remains confident that “we can move forward to continue building trust and confidence in policing within the community and remain committed to building positive relationships to ensure every resident of Waterloo Region is and feels safe.”

– With files from kitchener.citynews.ca.