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 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. 

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.

 
Number of SIU Forensic Investigators assigned: 3

 
Number of SIU Reconstructionists assigned: 1

Affected Person (aka “Complainant”):

43-year-old male; deceased

Civilian Witnesses

CW #1 Interviewed
CW #2 Interviewed
CW #3 Interviewed
CW #4 Interviewed
CW #5 Interviewed
CW #6 Interviewed
CW #7 Interviewed

The civilian witnesses were interviewed between September 23, 2023, and October 16, 2023.

Subject Officials

SO #1 Declined interview and to provide notes, as is the subject official’s legal right
SO #2 Declined interview and to provide notes, as is the subject official’s legal right

Witness Official

WO Interviewed

The witness official was interviewed on October 20, 2023.

Global Positioning System Tracking Data

SO #1’s Cruiser

At 9:44:02 a.m., September 23, 2023, SO #1 travelled east on Clair Road East, Guelph, at a speed of 68 km/h. SO #1 reached the intersection of Clair Road East and Victoria Road South at 9:44:22 a.m. and stopped. SO #1 then turned left and travelled northbound on Victoria Road South at speeds up to 72 km/h.

At 9:45:40 a.m., SO #1 was stopped facing northbound at the intersection of Victoria Road South and Summerfield Drive. At 9:46:05 a.m., SO #1 performed a U-turn and travelled south on Victoria Road South, briefly reaching a top speed of 76 km/h.

At 9:47:04 a.m., SO #1 was stopped at the intersection of Victoria Road South and Clair Road East.
 
SO #2’s Cruiser

At 9:44 a.m., September 23, 2023, SO #2 travelled east on Clair Road East, Guelph, at a speed of 68 km/h. His position was east of Farley Road. He reached the intersection of Clair Road East and Victoria Road South at a speed of 21 km/h.

At 9:45:55 a.m., SO #2 turned left and travelled northbound on Victoria Road South at a speed of 27 km/h. He travelled northbound on Victoria Road South to the intersection of Frederick Drive at a speed of 45 km/h. One second later, he slowed to 31 km/h. SO #2 moved to the southbound lane on Victoria Road South at a speed of 11 km/h. Five seconds later, his speed increased to 31 km/h.

At 9:46:35 a.m., SO #2 travelled southbound on Victoria Road South at a speed of 74 km/h. Five seconds later, his speed was 72 km/h. Two seconds later, his speed was 71 km/h. Five seconds later, his speed was 43 km/h.

At 9:46:53 a.m., SO #2 stopped at the intersection of Victoria Road South and Clair Road East.

WO’s Cruiser

At 9:44:02 a.m., September 23, 223, the WO travelled north on Victoria Road South, Guelph, at a speed of 61 km/h. His position was immediately south of Arkell Road. He stopped at the intersection of Victoria Road South and Arkell Road before travelling north on Victoria Road South past Arkell Road, slowing to 16 km/h and then accelerating to a speed of 66 km/h in a southbound direction. The WO continued southbound on Victoria Road South reaching a speed of 85 km/h.

At 9:46:19 a.m., the WO passed the intersection of Summerfield Drive at 66 km/h. He then passed the intersection of Victoria Road South and Frederick Drive at 71 km/h.

At 9:47:25 a.m., the WO stopped at the intersection of Clair Road East and Victoria Road South.

Video/Audio/Photographic Evidence [2]

GPS Communications Recordings

Starting at about 9:22 a.m., September 23, 2023, the OPP requested that GPS conduct a wellness check on the Complainant around Laird Road and Clair Road West. The Complainant was reportedly operating a yellow Dodge Ram pick-up. A dispatcher requested that GPS units assist the OPP. GPS units were required to attend the water tower by Clair Road East to locate and check on the well-being of the Complainant. There was a warrant out for his arrest. The Complainant had last been seen driving a yellow, Dodge Ram pick-up. The WO asked to be put on the call. A warrant was to be obtained for Harassing Communication and Fail to Comply. There was an outstanding warrant for Assault, Forcible Entry, and Fail to Comply with a Release Order. Patrol units updated the dispatcher with checks being made in the area of Victoria Road South at Clair Road East. SO #1 stated she was eastbound on Clair Road East.

Starting at about 9:23:22 a.m., SO #2 asked to be placed on the call.

Starting at about 9:34:55 a.m., GPS received a ‘ping’ location for the wellness check on the Complainant. He had reportedly issued threats and claimed to have a gun. There were concerns the Complainant would self-harm and attempt ‘death by cop’. GPS officers searched the York Road and Victoria Road area.

Starting at about 9:36:44 a.m., further information from the OPP was received indicating that the Complainant had made threats to his surety that he had a gun and was planning ‘suicide by police’.

Starting at about 9:38:17 a.m., the Complainant’s location was updated near York Road and Victoria Road.

Starting at about 9:44:56 a.m., the WO indicated that he had seen the pick-up truck southbound on Victoria Road South from Arkell Road, and that he had to turn around. The officer broadcast that the pick-up truck had just passed a marked cruiser [SO #1] which had its emergency lights on. SO #1 stated the suspect vehicle was overtaking vehicles in the wrong traffic lanes southbound. An unknown officer broadcast that the Complainant travelled southbound through Clair Road East. An unknown officer wanted to ensure that no officer attempted to signal the pick-up by activating their emergency lights.

Starting at about 9:46:37 a.m., an unknown officer broadcast there was a collision at Victoria Road South at Clair Road East. Two vehicles were involved. The pick-up truck had flipped, and more ambulances were required. SO #1 advised she had tried calling-out to the Complainant, who was trapped in his vehicle, and all she heard was breathing.

Starting at about 9:48:22 a.m., the dispatcher asked over the air if any officers had attempted to signal the pick-up by activating their emergency lights. SO #1 stated she had done so briefly.

Starting at about 9:48:57 a.m., the WO reported the Complainant was unresponsive but could not confirm the presence of a firearm.

 

In-car Camera System (ICCS) Footage

The WO’s Cruiser

At 9:45:38 a.m., having observed the Complainant’s pick-up truck travelling south on Victoria Road South [near the intersection with Arkell Road], the WO performed a U-turn to follow the Complainant but lost sight of him.


Figure 1 - Snapshot from ICCS of WO’s cruiser after he completed the U-turn at Victoria Road South and Arkell Road. The Complainant’s pick-up truck was not in sight, nor did it appear at any time in the footage.

Starting at about 9:47:23 a.m., on September 23, 2023, the WO, travelling south on Victoria Road South, arrived at the intersection of Victoria Road South and Clair Road East, where a motor vehicle collision had occurred. Two marked cruisers with overhead lights activated were present at the intersection. SO #1 stood near a black pick-up truck with front damage; a male civilian [CW #2] was captured inspecting the trailer on his truck. A silver sedan with front-end damage was at the southwest corner of the intersection [CW #1]. South of the intersection in the southbound lane was the overturned yellow truck operated by the Complainant.


Figure 2 - Snapshot from ICCS of the WO’s police cruiser as he arrived at the MVC scene. The police cruisers of SO #2 and SO #1 are depicted as is the vehicle operated by CW #1 and a portion of the debris field.

The WO exited his cruiser and spoke with CW #2 before he walked south on Victoria Road South towards the Complainant’s vehicle. A police officer spoke to CW #1 who sat on the grass near a hydro post at the southwest portion of the intersection. Near her stood another female [CW #3].

SO #1’s Cruiser

SO #1 was captured travelling north in her cruiser on Victoria Road. She pulled to the east curb and stopped her cruiser.

At 9:45:53 a.m., September 23, 2023, a yellow pick-up truck passed her southbound on Victoria Road South.

SO #1 made a U-turn on Victoria Road South and accelerated southbound. She passed other southbound vehicles as they pulled to the west curb and stopped at the shoulder. The officer entered the intersection of Victoria Road South, by Frederick Drive, by travelling in the northbound lane of traffic. In the horizon to the south, a police cruiser operated by SO #2 was also southbound. It had its emergency roof lights activated.


Figure 3 - Snapshot from ICCS of SO #1’s cruiser after she performed the U-turn to follow the pick-up truck. The red arrow points to the Complainant’s pick-up truck which is depicted in the distance.


Figure 4 - Snapshot from ICCS of SO #1’s cruiser as she approached the intersection with Fredrick Drive.

The yellow arrow points to SO #2’s cruiser which is depicted without emergency lights activated.
At 9:46:55 a.m., SO #1 arrived at Victoria Road South and Clair Road East. She stopped her cruiser, which had its emergency roof lights on. She parked near the east guard rail, exited her cruiser, and ran southbound on Victoria Road South through the debris field.

SO #2’s Cruiser

SO #2 was captured travelling northbound on Victoria Road and then stopped on the east shoulder.

At 9:46:18 a.m., September 23, 2023, a yellow pick-up truck travelled southbound through the intersection of Victoria Road South at Frederick Drive, entering the intersection on a red light. SO #2 completed a U-turn at the intersection of Victoria Street South at Frederick Drive before accelerating southbound on Victoria Road South.

Several vehicles, also southbound, pulled to the west shoulder to allow SO #2 to pass southbound. The pick-up truck passed several stopped vehicles and entered the northbound lane. SO #2 drove around the stopped vehicles and re-entered the southbound lane.

At 9:46:44 a.m., SO #2 reached the intersection of Victoria Street South and Clair Road East approximately two seconds after the collision and was the first cruiser on scene.


Figure 5 - Snapshot from ICCS of SO #2’s cruiser of the collision scene. The yellow arrow on the left points to CW #2’s vehicle and the yellow arrow on the right points to CW #1’s vehicle. The red arrow points to the Complainant’s vehicle.


Figure 6 - Snapshot from ICCS of SO #2’s cruiser as he arrived at the collision scene. The picture depicts the three civilian vehicles involved in the collision. It is apparent the collision had just occurred as dust could be seen still in the air. It is also noted that the traffic signal for southbound traffic on Victoria Road South was red.

Body-Worn Camera (BWC) Footage

The WO

On September 23, 2023, at 9:45:57, the WO travelled south on Victoria Road South, Guelph, in an unmarked cruiser when he observed another cruiser [SO #1] with emergency lights activated. The remainder of the footage was of little evidentiary value as it mainly concerned the events following the collision.

SO #1

The footage from the BWC of SO #1 was of little evidentiary value as it mainly concerned the events following the collision.

SO #2

The footage from the BWC of SO #2 was of little evidentiary value as it mainly concerned the events following the collision.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP and GPS between September 24, 2023, and October 16, 2023:

OPP Records:

• General Occurrence Report; and
• General Occurrence Supplementary Report.

GPS Records:

General Occurrence Report;

• CPIC message from Oxford County OPP;
• Communications recordings;
• Computer-assisted dispatch report;
• Policy - Suspect Apprehension Pursuits;
• ICCS footage – WO;
• ICCS footage – SO #1;
• ICCS footage – SO #2;
• BWC footage – WO;
• BWC footage – SO #1;
• BWC footage – SO #2;
• Global Positioning System tracking data – WO;
• Global Positioning System tracking data – SO #1;
• Global Positioning System tracking data – SO #2; and
• Notes – WO.
• Materials Obtained from Other Sources

The SIU obtained the following records from other sources between September 13 and 25, 2023:

• Cell phone log from CW #6;
• CW #1’s medical records from Guelph General Hospital (GGH); and
• CW #2’s medical records from GGH.

Cause of Death

The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to ‘blunt impact head trauma’.

(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

 
In the result, as there are no reasonable grounds to conclude that either subject official transgressed the limits of care prescribed by the criminal law in their dealings with the Complainant, there is no basis for proceeding with criminal charges. The file is closed.


Date: January 18, 2024

Electronically approved by

Joseph Martino
Director
Special Investigations Unit