Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section14 (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following: 

• Confidential investigative techniques and procedures used by law enforcement agencies; and 
• Information that could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding. 

Pursuant to section 21 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

•  The names of persons, including civilian witnesses, and subject and witness officials; 
• Location information; 
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and 
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation. 

Personal Health Information Protection Act, 2004

Pursuant to this legislation, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may also have been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

On the railing, that consisted of galvanized metal, were digital impressions that had discoloured the surface. It appeared that the vertical tubing forming part of the railing had been grasped by someone on the outer aspect of the bridge. Visual examination of the disturbance revealed that the metal tubing was oxidized to a point where enhancement by fingerprint powders would be unsuccessful.


Figure 2 - The vertical metal tubing on the bridge's railing.

The overall railing height was measured and found to be 1.4 metres [4.5 feet]. The distance from top of the railing to the point of impact in rail yard down below was measured and found to be 11.9 metres [39 feet].

Forensic investigators collected the Complainant’s belongings and blankets, and attended the area below the bridge, where the scene had also been secured by GSPS officers, and collected additional personal items apparently belonging to the Complainant.

Further forensic examination of the bridge in daylight after reviewing CCTV data obtained from the GSPS and civilian cellular telephone data recorded during the incident, indicated that the Complainant had been standing on a formed edge on the outer aspect of the bridge while holding onto the railing. The formed edge and The Netherlands’ flagpole mount on which the Complainant had been standing are depicted in the forensic photography. The formed edge was a continuous profile that extended the entire length of the bridge from end to end. The profile on the west side near the north end of the bridge close to Van Horne Street was examined and would be best described as a beveled edge measured and found to be 2 cm on its horizontal plane, and 3 cm on the 45° downward plane.


Figure 3 - Aerial view showing the flagpole mount and bevelled edge of the bridge.


Figure 4 - Closeup of the bevelled edge of the bridge.

Physical Evidence

The following items of significance were collected:

• Grey track pants;
• Brown winter coat;
• Blue jeans;
• Pink jersey;
• Black toque and red mittens;
• Maroon pants;
• Black jersey;
• Socks;
• Grey shirt;
• Two white hooded sweaters;
• Running shoes;
• 20 cents;
• Two cigarette lighters; and
• Tylenol tablets.

The significance of these items related to the layers of clothing worn by the Complainant in the context of her homelessness and the weather conditions in Sudbury, in March 2021.

Forensic Evidence

Pathology and toxicology specimens were collected during the postmortem examination of the Complainant and submitted to the Centre of Forensic Sciences for forensic analyses. At the time of this report, the results of those analyses remained unknown to the SIU.

Video/Audio/Photographic Evidence [1]

GSPS 911 and Communications Audio Recordings

The following are summaries of telephone and radio communications relevant to the incident.

Telephone Communications

At 5:08:17 p.m., CW #3 called 911 and reported a man [now known to be the Complainant] sitting on the bridge on the top of the railing at the south end of the bridge. The Complainant was reported to have one leg on each side of the railing.

At 5:09.28 p.m., a woman called the police and reported a homeless man [now known to be the Complainant] sitting on the railing of the bridge. Over the ensuing three minutes, GSPS received four more 911 calls from two more men and two more women reporting on the Complainant’s location and behaviour on the bridge.

At 5:12:38 p.m., the GSPS called the Greater Sudbury Fire Services (GSFS) advising of a person straddling the railing of the bridge and requesting them to attend.

At 5:14:04 p.m., a woman called the GSPS advising that there was “a man” [now known to be the Complainant] straddling the railing of the bridge and that police officers were with the Complainant.

At 5:14:09 p.m., SO #1 was called and advised to attend the bridge regarding a person straddling the railing.

At 5:14:39 p.m., the GSPS contacted the Canadian Pacific Railway Police to get trains stopped under the bridge.

At 5:43:47 p.m., the GSPS contacted EMS (Emergency Medical Services) advising that the Complainant had jumped.


 
Radio Communications

At 5:12:35 p.m., WO #5 communicated that he had made verbal contact with the Complainant and was told to stay away. WO #5 requested more police officers to shut the bridge down.

At 5:13:57 p.m., WO #5 advised that the Complainant would jump if they got closer. WO #5 advised that the Complainant was all the way over the bridge railing.

At 5:17:23 p.m., a police officer’s voice on the radio was heard instructing all police vehicles attending to refrain from using their emergency lights and that WO #5 was making progress with the Complainant.

At 5:18:16 p.m., WO #5 advised that the Complainant had said that if she saw the fire department, she would jump.

At 5:21:03 p.m., WO #5 told the communications dispatcher SO #1 was negotiating with the Complainant and would be off the air.

At 5:39:06 p.m., a police officer transmitted that SO #2 was approaching the Complainant.

At 5:43:41 p.m., SO #2 advised that the Complainant fell.

GSPS CCTV Data

The data was of limited probative value as the camera’s focal range was too remote to depict with clarity the interaction of police officers with the Complainant.

Body Worn Camera (BWC) Video Footage – SO #2

The video was one minute and forty-three seconds in duration. There were no time stamps on the video.

The video recording began with a police officer in tactical clothing walking on the bridge. A faint woman’s voice [now known to be from the Complainant] could be heard barely audible, saying, “Officer I can’t take it.” A man’s voice was heard saying, “We will take some steps back for you [the Complainant], OK, just a couple here.” A man’s voice was heard saying, “Just keep her chatting that’s all we can do.” Depicted in the video was a green bag with a blanket on top on the sidewalk of the bridge. The Complainant was seen at the outer aspect of the railing holding onto the spindles of the railing. A man’s voice was heard saying, “No sudden movements, eh.” A man’s voice was then heard saying, “I don’t like her hanging like that it’s going to get cold.” A man’s voice said, “[The Complainant], how you doing there?” The Complainant replied, “I don’t know.” A man’s voice asked, “Is there anything we can do for you?” The Complainant responded, “No, officer we’re good.” A male voice said, “Just want to help you that’s all, you know, want to give you space.” A comment from the Complainant was indiscernible. A man’s voice said, “Oh no, [the Complainant].” The Complainant’s ensuing comment was indiscernible. A man’s voice said, “Keep talking to me,” and with that, the Complainant let go of the railing. A man’s voice asked, “Did she fall?” and another man’s voice was heard responding, “Ya,” and the video camera moved to the bridge railing. A man’s voice said, “Female fell.” The video depicted three police officers standing near a marked police cruiser and a man saying, “Advise EMS, better get down there.” The video ended depicting tactical police officers at the bridge railing looking into the rail yard.

Video from CW #5

The salient video depicted the Complainant on the outer aspect of the bridge holding onto two vertical railing spindles for one minute and twenty-five seconds when she lost her hold and fell. No police officers were depicted near the Complainant while she was hanging onto the spindles.

The other two videos depicted emergency services personnel tending to the Complainant, and the view was obstructed by a stationary train.

Photographs from CW #6

The photographs depicted the Complainant on the outer aspect of the bridge holding onto the railing with her feet on or against the narrow baseplate of The Netherlands’ flagpole. No police officers were depicted near the Complainant while she was hanging onto the railing.

Video and Photographs from CW #4

The eight photographs, of which two were duplicates, and three videos from CW #4 depicted the Complainant on the outer aspect of the bridge hanging onto the vertical spindles and, for a time, hanging onto one spindle with her left leg extended toward the base of The Netherlands’ flagpole while her right foot remained on the narrow ledge.

The first video, four-seconds in duration, depicted the Complainant in the position described above in reference to the duplicate photographs, albeit with some subtle swinging motion.

The second video, 15 seconds in duration, depicted the Complainant still on the outer aspect of the bridge, holding onto two vertical spindles with both feet on the narrow ledge.

The third video, 28 seconds in duration and a continuation of the prior video, depicted the Complainant still holding onto the vertical spindles with both feet on the narrow ledge. At 18 seconds into this video, CW #4 panned north and away from the Complainant, recording the presence of police vehicles stationary on the bridge in the southbound lanes. When CW #4 panned back south toward the Complainant, the Complainant was absent. No police officers were depicted near the Complainant while she was hanging onto the spindles.

Materials Obtained from Police Service

The SIU obtained the following records from the GSPS on March 30, 2021:

• 911 and communications audio recordings;
• CCTV data;
• 2020 - Crisis Negotiator (CN) Course Training Accreditation;
• CN Course Certificates - 2017 – SO #1 and SO #2;
• CN Refresher Certificate - 2020 – SO #1 and SO #2;
• Disclosure Memo from GSPS;
• Event Details Report;
• Fingerprint and Fingerprint serial number information - the Complainant;
• GSPS Crime Scene Control Log;
• GSPS History - the Complainant;
• Homicide/Sudden Death Report;
• Police response to Emotionally Disturbed Person;
• SO #1 and SO #2 – CN course data;
• SO #1 and SO #2 - training records;
• List of Witnesses;
• Notes of WOs;
• Policy - Crisis Negotiation;
• Policy - Hostage Rescue - Barricaded Persons;
• Scene photographs;
• SIU Disclosure_ Table of Contents;
• Supplementary reports (x2); and
• Body Worn Camera (BWC) Video Footage – SO #2;

219 (1) Every one is criminally negligent who

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.

Date: July 16, 2021

Joseph Martino
Director
Special Investigations Unit