Belleville police follow, tackle Indigenous man over “stolen” Powerade, breaking his finger

On the evening of November 15, 2019, Officer Paul Fyke was off-duty and returning an item at Lowe’s (now RONA+) at the customer service desk when he overheard employees talking about individuals in the store who they believed were planning to shoplift and that one of them had already taken a Powerade. Fyke identified himself as a police officer and offered to assist in observing these individuals.

Fyke identified himself as a police officer and offered to assist. Accompanied by an employee, he was directed toward a group of three men: Mario Baptiste Jr., 38, a gas station owner from Tyendinaga Mohawk Territory; his friend M.B.; and M.B.’s son, C.B.

Fyke followed the group around the store, watching them from a distance, but didn’t see them steal anything despite interpreting their actions as suspicious. Based on his observations, he believed that they were intending to commit what he called a “distraction theft”.

Fyke followed the group through the store. Despite interpreting their behavior as “suspicious” and believing they intended to commit a “distraction theft,” he did not witness them steal anything. He noted none of the men were holding a drink and concluded, without evidence, that it had been consumed and discarded.

He returned to the customer service desk and told an employee that the store could follow up with the Belleville police about the alleged theft of the drink but that he had not seen them take anything.

However, when he saw the men leave the parking lot in a truck, Fyke’s suspicion escalated. He followed them in his personal vehicle to obtain a license plate number, calling police dispatch to report he was following occupants he “believed” had committed a theft.

Fyke left the store and saw the three men quickly leave the parking lot in a truck. Suspecting that they had stolen something else, he decided to follow the vehicle so that he could obtain the license plate number. He called police dispatch to report he was following occupants he believed had committed a theft.

The group stopped at a Taco Bell. Fyke parked nearby and waited for backup. Four on-duty officers arrived: Constables Smith, McAuley, Dodds, and Montgomery.

According to Fyke, he summarized what the Lowe’s employees told him and what he observed at the store to the other officers. He said there were grounds to arrest all three for theft of the drink.

He did not give the officers any direction about arresting the males and stayed outside when they entered the restaurant. He remained at the scene because he thought he could assist the officers with what he called “smaller tasks”. He and Constable Dodds went over to M.B.’s truck. They looked in the windows. Constable Fyke did not see anything that appeared to be stolen property.

Mr. Baptiste, M.B., and C.B. were at a table with their food when the officers entered the restaurant. Within a short period of time, M.B. and C.B. were arrested. They stood up, were handcuffed, and left the restaurant accompanied by Constables Dodds and Montgomery.

• Smith claims Mr. Baptiste said that he did not know what Constable Smith was talking about, that he had bought some things, and he produced a receipt. Constable Smith looked at it and did not see a purchase of a drink on it.
• Baptiste claims he told Constable Smith that he had the receipt for his purchases and pulled it out to show him. He said the officer replied “I don’t fucking care” and knocked his tray of food to the floor.
• McAuley claims Constable Smith told [the males] that they were being investigated for a theft at Lowe’s. Mr. Baptiste produced a receipt which he gave to Constable Smith, who looked at it and gave it back. He told them that C.B. had not paid for the drink and it was not on the receipt.

Baptiste had purchased $33 worth of supplies (garbage bags and paper towels) at the hardware store – a fact confirmed by receipts.

Constables Smith and McAuley then attempted to arrest Mr. Baptiste. Both say that Constable Smith told Mr. Baptiste he was under arrest for theft of the drink. Mr. Baptiste claims that he was never told he was under arrest.

Fyke saw this happening from his vehicle. He ran to the restaurant and joined the struggle.

The altercation continued until Mr. Baptiste appeared to lose consciousness. The officers began resuscitative efforts and called an ambulance. Although initially unresponsive to physical and verbal commands, Mr. Baptiste became more alert after the paramedics arrived. He was transported to the Belleville General Hospital where X-rays revealed that he had a fresh fracture to his right pinky finger and a left rib fracture of indeterminate age.

Later that night, Constable Fyke returned to the Lowe’s and spoke briefly to Mr. Easterbrooke. He told Constable Fyke that the store’s loss prevention officer would look into the alleged theft.

Neither Mr. Baptiste, M.B., nor C.B. were charged with any criminal offence, the hardware store never filed a complaint and no empty Powerade bottle was ever found.

In May 2021, Constables Fyke, Smith, and Dodds were jointly charged with assault causing bodily harm. On September 26, 2023, the Crown withdrew the charge as against Constable Dodds.

Constable Smith and Constable Fyke of the Belleville Police Service were both charged with assault causing bodily harm. On December 20, 2023 Constable Fyke was acquitted, ruling that the officer was legally intervening to assist another officer. Constable Smith was found guilty of common assault (a lesser charge than the original “assault causing bodily harm”) because he did not have grounds to arrest. In July 2024, he received a conditional discharge, placed on probation for 12 months and ordered to perform 120 hours of community service, but will not have a permanent criminal record if he meets the conditions.

The Crown appealed arguing errors in law. On August 29, 2025 the Ontario Court of Appeal decision to uphold the acquittal was issued. (R. v. Fyke, 2025 ONCA 602).