KITCHENER -- An officer with Waterloo regional police who was facing three misconduct charges in relation to an arrest involving a Black Cambridge woman has been found not guilty of racial profiling.
Const. Jesse Foster was charged with unlawful arrest, excessive force, and discreditable conduct after an incident involving Natasha Broomes in 2017.
On Tuesday, he was found guilty of unlawful arrest and excessive force and not guilty of discreditable conduct.
On July 29, 2017, Const. Foster was responding to an unrelated possible weapons call in Cambridge around 5:20 a.m. The description of the suspect was a Black man with dreadlocks driving a red SUV.
During the disciplinary hearing, Const. Foster said as he was driving towards the call, he noticed what he believed was a speeding vehicle that matched the suspect’s description, so he followed that vehicle to Crombie Street.
The driver of the vehicle was Natasha Broomes.
Const. Foster said although Broomes was a Black woman, not a Black man, he continued his investigation anyway.
He said when he asked Broomes to provide identification, she refused and resisted arrest. Const. Foster said he then brought Broomes face down onto the grass.
In a video that Broomes recorded, you can hear her yelling “let me go, you’re hurting me.”
Broomes told the hearing that Foster grabbed her and slammed her up against the back her vehicle.
Const. Foster placed Broomes under arrest for failing to identify under the Highway Traffic Act. She was held for more than 30 minutes before being released with four tickets.
He has been found guilty of unlawful arrest and excessive force.
“He had nothing to connect Ms. Broomes to the gun call and did not have reasonable grounds to arrest her," hearing officer Debra Preston said.
Preston also deemed the use of force against Broomes as unlawful.
Preston said she did not find the way Const. Foster approached Broomes was based on race. She said since Const. Foster believed Broomes matched the description of the weapons call suspect, he approached her.
In a statement to CTV Kitchener, Waterloo regional police said they're reviewing the decision from the hearing officer.
"In all Police Service Act Tribunal decisions, our Professional Standards Branch examines the findings, explores opportunities for organizational enhancement, as well as address any potential training and skills development gaps," the statement said in part. "As the matter remains before the Tribunal, we will actively continue to review the decision while awaiting the final penalty outcome."
