Police watchdog clears officers in 2023 death, recommends use of force review

WINNIPEG – Manitoba’s police watchdog is not recommending charges against two officers who punched a suspect dozens of times in the head and body during an arrest that was captured on video by witnesses. 

But it is urging Winnipeg police make changes to its use of force policy after the man died while in custody. 

A probe by the Independent Investigation Unit of Manitoba found that police were called to the West Broadway neighbourhood on Oct. 15, 2023, after responding to calls that an intoxicated man had wandered into traffic and was trying to get into several vehicles. 

The report, released on Tuesday, said the video evidence collected from witnesses and nearby businesses shows the man tried to get into a cruisier once officers arrived on the scene. Police then forced him to the ground. 

One officer delivered approximately 14 punches to the man’s head and body area, while the other officer punched the man about nine times, the investigation found. It also determined the second officer struck the man three times with his knee. 

The man was eventually transported to hospital after he became unresponsive. He later died.

The man’s family identified him as 37-year-old Elias Whitehead, a First Nations man from Webequie First Nation in northwestern Ontario. Whitehead’s family said he lived in Tataskweyeak Cree Nation in northern Manitoba with his partner but was staying in the city learning to become a heavy equipment operator. 

The family previously spoke out about the force officers used when taking Whitehead into custody after cellphone video from that night circulated online and in the media. The video appeared to show at least two officers holding a man face down on the road while trying to restrain him. Officers appear to punch the man several times. 

The Crown, after reviewing the evidence, declined to recommend charges, citing no “reasonable likelihood of conviction.” 

Bruce M. Sychuk, acting civilian director for the watchdog agency, said in the report he would not be authorizing charges based off the Crown’s decision, but recommended the Winnipeg Police Service re-evaluate their use of force policies. 

“De-escalation would have been beneficial in this incident,” he wrote.

A spokesperson for Winnipeg police said the force is reviewing the investigation and added, “any commentary by the WPS will be made after that review is complete.”

A timeline of the night of the incident was included in the report, in which Whitehead is seen stumbling, apparently under the influence, trying to get into cars.

Paramedics and police eventually arrived. Police tried to take Whitehead into custody after he “aggressively resisted” arrest, the report said.  One of the officers said she struck Whitehead multiple times to “gain compliance without success.”

He was eventually transported to hospital while medics tried to revive him. One first responder told investigators that Whitehead had extensive bruising to his face, making it impossible for his vitals to be checked. 

An autopsy determined that Whitehead’s cause of death was “subdual and prone restraint” by police officers, which was complicated by cocaine intoxication and an enlarged heart. A pathologist did not suggest that one factor was more significant than another in determining the outcome of Whitehead’s death. 

Sychuk consulted with use of force experts from out of province to provide an opinion on the officer’s actions during the arrest. The report said the expert was “very critical” of the use of force used. 

This report by The Canadian Press was first published March 10, 2026.