Mississauga, ON (19 February, 2016) --- http://www.siu.on.ca/en/news_template.php?nrid=2556
The SIU has concluded its investigation into an early morning motorcycle crash that killed a 35-year-old man, and the director has determined there will be no charges against the subject officer.
The SIU had assigned four investigators and three forensic investigators to probe the circumstances of this incident. The subject officer did not participate in an SIU interview or provide a copy of her duty notes, as is her legal right.
The investigation of this incident included several eyewitness accounts, six witness officer interviews, police communications recordings, and an analysis of the collision events.
The investigation determined the following:
SIU Director Tony Loparco said, “The offences that arise for consideration are dangerous driving and criminal negligence causing death contrary to sections 249 and 220 of the Criminal Code, respectively. Both offences are predicated on conduct that amounts to a marked departure from the standard of care that a reasonable person would have exercised in the circumstances.
“The evidence indicates that the subject officer drove at a moderate speed throughout, with her lights and siren activated, and cognizant of the traffic control signals along the route. Moreover, there is no indication that the officer’s conduct in what was a very short pursuit in time and distance – less than a minute over approximately 700 metres – ever endangered the public, including the driver of the motorcycle. In fact, the evidence indicates that the officer was at all times a significant distance behind the motorcycle – about 400 metres at the point of collision.
“On this record, I am persuaded that the officer was acting in the course of her lawful duties when she approached the man to investigate him for impaired driving and that she exercised a level of care in the ensuing pursuit that fell well within the limits prescribed by the criminal law.”
The SIU has concluded its investigation into an early morning motorcycle crash that killed a 35-year-old man, and the director has determined there will be no charges against the subject officer.
The SIU had assigned four investigators and three forensic investigators to probe the circumstances of this incident. The subject officer did not participate in an SIU interview or provide a copy of her duty notes, as is her legal right.
The investigation of this incident included several eyewitness accounts, six witness officer interviews, police communications recordings, and an analysis of the collision events.
The investigation determined the following:
- In the evening of June 20, 2015, a manager at a bar in Alliston called 911 to report that a patron had left the bar and was operating a motorcycle while impaired.
- Ontario Provincial Police officers, including the subject officer, located the motorcycle at a second establishment – Shoeless Joe’s – on 8th Avenue near Young Street.
- Just before 1:00 a.m., a 35-year-old man exited the bar and walked towards the motorcycle.
- At that point, the subject officer activated her vehicle’s emergency lights.
- The man rushed to get on the motorcycle and then sped off south down 8th Avenue.
- The officer started a pursuit.
- Less than one minute later, the man crashed the motorcycle into two cement road partitions (Jersey barriers) that were straddling 8th Avenue just north of Morrison Avenue.
- The man died of major trauma suffered in the crash.
SIU Director Tony Loparco said, “The offences that arise for consideration are dangerous driving and criminal negligence causing death contrary to sections 249 and 220 of the Criminal Code, respectively. Both offences are predicated on conduct that amounts to a marked departure from the standard of care that a reasonable person would have exercised in the circumstances.
“The evidence indicates that the subject officer drove at a moderate speed throughout, with her lights and siren activated, and cognizant of the traffic control signals along the route. Moreover, there is no indication that the officer’s conduct in what was a very short pursuit in time and distance – less than a minute over approximately 700 metres – ever endangered the public, including the driver of the motorcycle. In fact, the evidence indicates that the officer was at all times a significant distance behind the motorcycle – about 400 metres at the point of collision.
“On this record, I am persuaded that the officer was acting in the course of her lawful duties when she approached the man to investigate him for impaired driving and that she exercised a level of care in the ensuing pursuit that fell well within the limits prescribed by the criminal law.”
