An altercation in Victoria police cells left a prisoner with a broken rib, leading the Office of the Police Complaint Commissioner to look into whether jail staff used excessive force.
John Benson, 44, was arrested Dec. 18 for breaching his probation in relation to a fraud conviction.
Benson said once in cells, he was told to take off his jeans, which he threw to the floor.
“They didn’t like my attitude so then they threw me on the ground and the one guy kneeled so hard on my chest that it broke my rib,” Benson said.
“I’m in severe pain right now, and it’s really frustrating because I’ve got nothing right now.”
The 44-year-old, who has struggled with homelessness and run-ins with police, said he was on his way to work — he does odd jobs — when he was arrested, and is now too injured to work.
Victoria police spokesman Const. Mike Russell confirmed an “altercation occurred” with jail staff.
Typically, the jail is monitored by one police sergeant and one sworn civilian officer.
Russell said after Benson complained of discomfort, jail staff called B.C. Ambulance to take him to Royal Jubilee Hospital. He was treated for a cracked rib and released back into police custody.
The department reported the incident to the Office of the Police Complaint Commissioner, as required by the Police Act any time someone is injured in police custody.
“All information — including reports and video footage from our cell block — was forwarded to them,” Russell said.
Deputy police complaint commissioner Rollie Woods said the office is still reviewing the information.
“Because it involves a use of force and there’s an injury, we’ll be looking at it very closely,” Woods said.
“It’s important for us, for the police, for the public that anything that is a serious allegation — and when you injure someone that’s a serious allegation — that it be looked at closely.”
The case will likely not fall under the jurisdiction of the Independent Investigations Office, said Woods, because the civilian-led police oversight body only looks at cases that involve serious injury or death.
Benson has a long history with police with convictions for theft, uttering threats and several breaches of probation in Nanaimo, Kamloops, Campbell River, Sidney and Victoria.
Benson said he plans on filing a complaint with the Office of the Police Complaint Commissioner and possibly a civil suit.
“My whole Christmas is just totally ruined. I can’t work now, I can’t hardly even sleep at night because of the pain. It’s totally brutal.”
