SIU Director’s Report - Case # 23-OCD-094
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Contents:
Mandate of the SIU
The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.
Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.
Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.
Information Restrictions
Special Investigations Unit Act, 2019
Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:- 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 section 14 (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.
- 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.Mandate Engaged
Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.
A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.
In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.
This report relates to the SIU’s investigation into the death of a 41-year-old man (the “Complainant”).
A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.
In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.
This report relates to the SIU’s investigation into the death of a 41-year-old man (the “Complainant”).
The Investigation
Notification of the SIU [1]
On March 22, 2023, at 8:59 a.m., the Kingston Police (KP) notified the SIU of the death of the Complainant.According to the KP, at 6:57 a.m., the KP received a 911 call that a male was seen on the ledge of the fourth floor of the parking garage at 197 Brock Street, Kingston. The Subject Official (SO) was dispatched at 6:59 a.m. and arrived within a minute in a marked cruiser. Upon exiting the cruiser, the SO attempted to engage the Complainant by yelling up to him. The Complainant jumped from the fourth floor. Emergency Medical Services (EMS) were called and the Complainant was transported to the Kingston General Hospital, arriving at 7:16 a.m. He was pronounced deceased at 7:21 a.m.
The Team
Date and time team dispatched: 03/22/2023 at 10:14 a.m.Date and time SIU arrived on scene: 03/22/2023 at 11:10 a.m.
Number of SIU Investigators assigned: 4
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
41-year-old male; deceasedCivilian Witnesses (CW)
CW #1 Interviewed CW #2 Interviewed
CW #3 Interviewed
CW #4 Interviewed
CW #5 Interviewed
CW #6 Interviewed
The civilian witnesses were interviewed between March 22, 2023, and March 30, 2023.
Subject Official (SO)
SO Interviewed; notes received and reviewed The subject official was interviewed on April 4, 2023.
Evidence
The Scene
On March 22, 2023, the SIU forensic investigator attended the scene, 197 Brock Street, Kingston, the Crown Memorial Parking Parage, a four-story building. The events in question transpired at the southwest corner of the parking garage.There was blood, broken glasses, and a cigarette package about 4.5 metres from the structure’s south border.
The top level was marked as level ten, and was approximately 14 metres above the ground.
The height of a short concrete wall at the top was less than one metre, and the height of the barrier fence was approximately two metres.
Figure 1 - The exterior of the parking garage
Figure 2 - The fence on the top level of the parking garage
Video/Audio/Photographic Evidence [2]
Video Footage – Kingston Transit
Between about 6:59:16 a.m. and 6:59:36 a.m., March 22, 2023, a marked KP SUV travelled by the front of the bus headed towards the parking garage. The police vehicle activated its emergency vehicle lights.At about 6:59:50 a.m., the Complainant jumped off the parking garage. His upper torso began to angle forward as he hit the pavement directly below.
At about 6:59:56 a.m., the SO attended to the Complainant.
Video Footage – City of Kingston
The footage was captured by a camera at the Crown Memorial Parking Garage located at 197 Brock Street. Between about 6:06:19 a.m. and 6:09:00 a.m., March 22, 2023, the Complainant came into frame walking up the east stairwell. The Complainant reached the top level of the stairwell standing before a blue exit door. The Complainant exited through the blue door.
At about 6:09:21 a.m., the Complainant was on the rooftop, smoking and walking.
Police Communications Recordings
At about 6:59:04 a.m., March 22, 2023, a dispatcher requested police attendance at 197 Brock Street. A man was standing on the edge the fourth floor. He was wobbling back and forth, facing Brock Street. A caller, CW #3, was worried.At about 6:59:42 a.m., the SO broadcast that the Complainant was on the ledge and he requested more police units.
At about 7:00 a.m., the SO stated, “He’s jumping, couple more units, he jumped.” The man was breathing and the SO requested the ambulance, “Step it up.”
At about 7:21 a.m., an unknown police officer indicated the man, the Complainant, had been pronounced deceased.
A KP officer advised that the stairwells of the parking garage were searched, and no identification or belongings were located.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the KP on March 29, 2023:- Communications recordings;
- Event Details Report;
- General Occurrence;
- Notes – SO; and
- Policy – Police Response to Persons Who Have a Mental Illness or Developmental Disability.
Materials Obtained from Other Sources
The SIU obtained the following records from other sources:- Video footage from Kingston Transit, received March 23, 2023;
- City of Kingston video footage, received March 27, 2023;
- Records from Frontenac County EMS, received March 27, 2023; and
- Preliminary Autopsy Findings from the Ontario Forensic Pathology Service, received March 23, 2023.
Incident Narrative
In the morning of March 22, 2023, the KP received 911 calls about a man standing on the ledge outside the barrier fence of an upper level of a parking garage. The garage – consisting of five above-grade parking levels – was situated at 197 Brock Street. The SO, in his cruiser travelling west on Brock Street at the time, was dispatched to investigate.
The man was the Complainant. On the morning in question, the Complainant went to the parking garage and made his way to the open-air fifth level of the garage. He scaled the barrier fence lining the border of the structure at its southwest corner, and stood for a period on the outer ledge. There he remained before he was noticed by passersby, who called the police.
The SO arrived at the scene within minutes of the 911 calls. He stopped his vehicle on Brock Street. He had just activated his emergency lights, stepped out of his cruiser, and yelled up to the Complainant – “Hey, man” – when the Complainant jumped and landed four to six metres from him. The officer immediately radioed what had happened and started to perform CPR. He did so for about five minutes before the fire department arrived and took over.
The Complainant was subsequently pronounced deceased.
Cause of Death
The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to multiple blunt force injury.
The man was the Complainant. On the morning in question, the Complainant went to the parking garage and made his way to the open-air fifth level of the garage. He scaled the barrier fence lining the border of the structure at its southwest corner, and stood for a period on the outer ledge. There he remained before he was noticed by passersby, who called the police.
The SO arrived at the scene within minutes of the 911 calls. He stopped his vehicle on Brock Street. He had just activated his emergency lights, stepped out of his cruiser, and yelled up to the Complainant – “Hey, man” – when the Complainant jumped and landed four to six metres from him. The officer immediately radioed what had happened and started to perform CPR. He did so for about five minutes before the fire department arrived and took over.
The Complainant was subsequently pronounced deceased.
Cause of Death
The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to multiple blunt force injury. Analysis and Director's Decision
The Complainant passed away in Kingston on March 22, 2023, from a fall at height. As a KP officer had engaged with him just prior to his fall, the SIU was notified of the incident and initiated an investigation. The officer – the SO – was identified as the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s death.
There is no indication of any want of care on the part of the SO causing or contributing to the Complainant’s fall and death. The officer had just arrived on scene and activated his emergency lights, doing so to alert and clear traffic in the area, when the Complainant decided to jump. While the SO’s presence may have been the final catalyst for the Complainant’s fateful decision, the officer stands blameless. He was doing as he should be doing – responding to the scene of a person in distress hoping to prevent harm and maintain public safety.
In the result, as there are no reasonable grounds to believe that the SO comported himself other than within the limits of the criminal law in his brief dealing with the Complainant, there is no basis for proceeding with charges. The file is closed.
Date: July 10, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
There is no indication of any want of care on the part of the SO causing or contributing to the Complainant’s fall and death. The officer had just arrived on scene and activated his emergency lights, doing so to alert and clear traffic in the area, when the Complainant decided to jump. While the SO’s presence may have been the final catalyst for the Complainant’s fateful decision, the officer stands blameless. He was doing as he should be doing – responding to the scene of a person in distress hoping to prevent harm and maintain public safety.
In the result, as there are no reasonable grounds to believe that the SO comported himself other than within the limits of the criminal law in his brief dealing with the Complainant, there is no basis for proceeding with charges. The file is closed.
Date: July 10, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) The information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s finding of facts following its investigation. [Back to text]
- 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
Note:
The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.