Thunder Bay police lay robbery and assault-police charges after a confrontation near Thunder Centre
THUNDER BAY — A robbery investigation in the Thunder Centre area escalated into a physical confrontation Thursday afternoon, with Thunder Bay Police Service alleging a suspect assaulted an officer and continued resisting arrest after a conducted-energy weapon was deployed.
A second person was also arrested after police allege the bystander interfered with the officer during the confrontation.
The incident was recorded by an individual who posted the video on Facebook.
Shoplifting in the Thunder Centre has become very common. It is costing businesses a lot of money, and in the end also causing prices to increase.
Officer Responds to Reported Robbery
Police say a Primary Response Unit officer was dispatched to a retail business in the Thunder Centre area at about 4 p.m. on Thursday, Aug. 13.
When the officer arrived, store staff identified a suspect. Police say the officer approached that person near a riverbank.
According to TBPS, the suspect resisted arrest and assaulted the officer. Police deployed a Taser, but allege the suspect continued to resist.
During the confrontation, police say a bystander became involved and impeded the officer. Additional Primary Response Unit officers arrived and assisted with the arrests.
“This was not a routine or harmless interaction,” acting Chief Jeremy Pearson said, describing the situation as dangerous and potentially capable of producing more serious consequences.
Thunder Bay Man Faces Six Charges
Police have charged 32-year-old Tyson Fiddler of Thunder Bay with:
- robbery;
- theft;
- assaulting police;
- resisting arrest;
- identity fraud; and
- failing to comply with a probation order.
Fiddler was remanded into custody following his first court appearance, according to police.
The second accused, whose name was not released by police, is charged with obstructing police and was released with a future court date.
What the Criminal Code Charges Mean
The charges have different elements and potential penalties under the Criminal Code. The penalties below are statutory maximums and should not be interpreted as predictions of any sentence in this case. Sentencing depends on the circumstances of an offence, an offender’s record, aggravating and mitigating factors and the principles established in the Criminal Code.
Robbery: Section 343 defines robbery to include circumstances where a theft is accompanied by violence or threats of violence, personal violence, or an assault committed with the intent to steal. Robbery is an indictable offence. Under section 344, the maximum sentence in cases not involving the firearm provisions specified in the section is life imprisonment. Police have not alleged in their release that a firearm was involved in this incident.
Theft: Section 322 generally covers fraudulently taking or converting property without colour of right with the required intent to deprive the owner of it. Under section 334, theft involving property worth more than $5,000 can carry up to 10 years in prison if prosecuted by indictment. Theft of property valued at $5,000 or less carries a maximum of two yearswhen prosecuted by indictment. Both categories may also proceed summarily. Police did not disclose the value of the property involved in this case.
Assaulting a peace officer: Section 270 applies to assaults on peace or public officers while they are carrying out their duties and also addresses assaults committed with the intent to resist or prevent a lawful arrest. The offence is hybrid: if prosecuted by indictment, the maximum sentence is five years in prison; it may also proceed by summary conviction.
Resisting arrest: Section 129 makes it an offence to resist or wilfully obstruct a peace or public officer carrying out their duty. The maximum sentence when prosecuted by indictment is two years in prison, with a summary conviction option also available.
Identity fraud: Section 403 addresses fraudulently personating another person, including for purposes such as gaining an advantage, obtaining property, avoiding arrest or obstructing justice. It carries a maximum sentence of 10 years in prisonwhen prosecuted by indictment and may also proceed summarily.
Failure to comply with a probation order: Section 733.1 applies where a person bound by a probation order fails or refuses, without reasonable excuse, to comply with that order. The maximum indictable sentence is four years in prison, while the charge can also proceed by summary conviction.
For offences prosecuted summarily where no different penalty is specified, section 787 provides a general maximum of a $5,000 fine, imprisonment for up to two years less a day, or both.
The obstruction allegation against the second accused also falls within the general scope of section 129, which addresses wilfully obstructing a peace officer in the execution of their duty.
Charges Remain Allegations
None of the charges has been proven in court. Fiddler and the second accused are presumed innocent unless and until proven guilty in a court of law.
The investigation is identified by Thunder Bay Police Service as TB26032172.
