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.

The Team

Date and time team dispatched: 10/04/2023 at 11:20 a.m.

Date and time SIU arrived on scene: 10/04/2023 at 1:38 p.m.

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 2
Number of SIU Reconstructionists assigned: 1

Affected Person (aka “Complainant”):

71-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on October 4, 2023.

Civilian Witnesses

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

The civilian witnesses were interviewed between October 4 and 7, 2023.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on November 10, 2023.

Witness Officials

WO #1 Interviewed; notes received and reviewed
WO #2 Interviewed; notes received and reviewed
WO #3 Notes reviewed; interview deemed not necessary
WO #4 Notes reviewed; interview deemed not necessary

The witness officials were interviewed on October 7, 2023.

The scene at the intersection of Queen Street North and Cedar Street contained a silver four-door BMW, with the driver’s door open and extensive front end damage. There was a clear plastic storage bag on the roadway and under the front passenger door. [3] There was also red paint transfer visible on the driver’s side rear corner. The scene also contained a Chevrolet Impala, also with extensive front end damage.




Figure 4 - Chevrolet Impala and BMW at the scene; both with extensive front end damage




Figure 5 - Red paint transfer on the driver’s side rear corner of the BMW

Both scenes were photographed, and a scene drawing was completed.

Forensic Evidence

GPS Data – SO’s and WO #1’s Cruisers

At 8:36 a.m., on October 4, 2023. WO #1 left the OPP Norfolk Detachment. He drove to a residential area southwest of Cedar Street and Queen Street North. At 8:38 a.m., the SO left the OPP Norfolk Detachment and drove to the same area.

At 8:40 a.m., WO #1 was briefly stationary on King Lane after having driven southbound. He then turned around and drove northbound.

At 8:41 a.m., WO #1 drove northbound on King Lane. The officer then turned left and drove westbound on Tyrell Street and continued west of Howard Street. Both WO #1 and the SO drove at unremarkable rates of speed in the residential area. The SO turned left from Howard Street onto Tyrell Street and drove eastbound to King Lane. He then turned left and drove north on King Lane from Tyrell Street to Cedar Street - a distance of about 100 metres. His maximum recorded speed was 39 km/h. At about the same time, WO #1 turned around on Tyrell Street and drove eastbound towards King Lane.

At 8:42 a.m., the SO was at the intersection of King Lane and Cedar Street. He was stopped for at least ten seconds. There was some low speed and change of direction at the intersection. WO #1 drove eastbound on Tyrell Street. He accelerated to a maximum recorded speed of 60 km/h before turning left onto King Lane and travelling northbound, attaining a maximum recorded speed of 61 km/h to Cedar Street. The officer continued about 100 metres eastbound on Cedar Street accelerating to a maximum recorded speed of 58 km/h. WO #1 stopped on Cedar Street at Queen Street North for at least 30 seconds. He then turned right and drove south on Queen Street North.




Figure 6 – Screenshot from Google Maps with markings indicating the locations of the SO and WO #1’s vehicles. The red arrows indicate where the SO’s vehicle was in motion and the red circle shows where the vehicle became stationary. The blue arrows indicate where WO #1’s vehicle was in motion and the blue circle indicates where the vehicle became stationary. The yellow circle indicates where WO #1’s vehicle was stationary for at least 30 seconds before moving again.

Expert Evidence

OPP Reconstructionist Report

A SIU reconstructionist did not attend the scene, but conducted an analysis based on a review of the notes of the OPP reconstructionists – WO #3 and WO #4 - as well as the in-car camera system (ICCS) footage and crash data retrieval (CDR) information.

The CDR system in the Pontiac Vibe registered an impact to the front of the vehicle, but the impact was insufficient to deploy the airbags.

No collision impact was recorded by the SO’s Tahoe.

As per the ICCS from the SO’s Tahoe, both impacts were of a nature and severity that would not necessarily result in an airbag deployment.

As per WO #1’s ICCS footage, WO #1 turned onto eastbound Cedar Street from King Lane two or three seconds after CW #2’s BMW fled. CW #2 accelerated and drove eastbound towards the traffic signal light-controlled intersection of Cedar Street and Queen Street North. The traffic light was red for Cedar Street. CW #2 turned right onto southbound Queen Street North at a high rate of speed and without stopping. WO #1 stopped on Cedar Street when he reached the intersection.

The collision between CW #2’s BMW and the Complainant’s Impala occurred about 150 metres east and south of the first collision. About ten seconds had elapsed between CW #2’s flight from the MVC to the second MVC.

When the second collision occurred, the SO was stopped on Cedar Street just east of King Lane, and WO #1 was driving eastbound on Cedar Street west of Queen Street North. CW #2 had turned right onto Queen Street North and lost control of the BMW during the turn. The BMW started to rotate clockwise before swinging around in a counter-clockwise direction. The BMW crossed over the centre line into the northbound lane and its front collided violently with the front of the Chevrolet Impala, which was driven by the Complainant properly within his lane and at an unremarkable rate of speed.

The physical evidence from the technical collision investigation was consistent with the Complainant having sustained his injury as a result of the collision when his vehicle was struck by the BMW which had just fled after being involved in a MVC with the SO’s OPP Tahoe.

Video/Audio/Photographic Evidence [4]

ICCS Footage - WO #1

Starting at about 8:42 a.m., October 4, 2023, WO #1 was captured driving on Tyrell Road at King Lane. He turned left on King Lane and emergency lights could be seen. The SO’s OPP Tahoe was stopped facing east in front of a silver BMW, which was facing north on King Lane. Behind the BMW was a red Pontiac Vibe. The BMW turned right on Cedar Street heading eastbound. The SO drove forward in that direction and pulled over. There were several vehicles eastbound on Cedar Street, west of King Lane, stopped due to the activity. WO #1 drove around the Pontiac Vibe and onto Cedar Street and past the SO’s OPP Tahoe. The BMW was travelling extremely fast on Cedar Street towards Queen Street North. WO #1 followed but stopped on Cedar Street before the traffic light at Queen Street North. The SO could be heard saying that a male and his girlfriend, CW #2, were in the BMW. Forty-three seconds after WO #1 pulled over and then resumed his travel, he arrived at the scene of a collision between the BMW and a Chevrolet Impala. The passenger front door to the BMW was open. CW #2 was out of the BMW and limped around back of the BMW to the front passenger door. CW #3 was seated in the front passenger seat. CW #2 placed herself against the BMW with her hands behind her back, and WO #1 placed her in handcuffs behind her back.

Both vehicles had extensive front end damage.

The SO broadcast that there were grounds to arrest the driver for dangerous driving and flight from police.

 

ICCS Footage - SO

Starting at 8:41 a.m., October 4, 2023, the SO was captured driving on residential streets. He turned left on King Lane and followed a red Pontiac Vibe. Ahead of the Vibe was a silver BMW, which stopped at a stop sign. The SO passed the vehicles and pulled in front of the BMW. The sound of a collision was discernible - a grinding sound against his OPP Tahoe. The SO backed up and a further grinding sound was heard. The SO backed up again and was rammed by the BMW. He announced he was being rammed by the BMW on the police radio.

Starting at about 8:42 a.m., the BMW made a right turn onto Cedar Street and took off at a high rate of speed. The SO followed for a few metres, then pulled over to the curb and stopped. WO #1 was seen passing the SO and following the BMW but quickly stopping on Cedar Street near the traffic light at Cedar Street and Queen Street North. The SO indicated he believed the BMW had a male and CW #2 as occupants. The SO did not move his OPP Tahoe from the final position.

 

Video Footage - École Élémentaire Catholique Sainte-Marie [5]

Starting at about 8:42 a.m., October 4, 2023, the Complainant’s silver Impala was captured travelling north on Queen Street North. CW #6 in her white pick-up truck was behind the Complainant. Four seconds after the Complainant came into camera view, a silver BMW struck the Impala in its lane of traffic and pushed it sideways to the left. CW #6 stopped her white pick-up truck. The video skipped forward and CW #2 was seen getting out of the driver’s side of the BMW. About 50 seconds after the collision, an OPP SUV (WO #1) with its emergency lighting activated stopped near the collision site.

Dash Camera Footage – CW #6

CW #6, operating a white pick-up truck, was captured driving north on Queen Street North behind the Complainant in his silver Impala. This area was governed by a 40 km/h speed limit because of a school. In the distance, at the traffic light at Cedar Street and Queen Street North, a silver BMW turned right onto Queen Street North at a high rate of speed. The BMW swerved and entered the Complainant’s lane of traffic. The Complainant applied the brakes. The front of the BMW collided with the front of the Complainant’s Impala. No OPP vehicle was in the area.

About 43 seconds into the footage, emergency lights were seen in the distance on Cedar Street. CW #6 got out of her vehicle and approached the Complainant’s Impala. CW #2 exited through the driver’s door of the BMW.
At about 50 seconds into the footage, WO #1 made a right turn onto Queen Street North and stopped near the BMW. He would proceed to place CW #2 in handcuffs behind her back.

Communications Recordings and Event History

Starting at about 8:42 a.m., October 4, 2023, the SO broadcast that he had just been rammed by a BMW. The SO then repeated what he had said in a calmer voice and said the BMW was occupied by a male and CW #2. He said he was pulled over and that his ICCS had captured images of the driver; he was not pursuing the BMW. A male OPP officer, believed to be WO #1, broadcast that there was a motor vehicle collision on Queen Street North, and that persons were in custody.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between October 6, 2023, and November 10, 2023:

• Data downloaded from Pontiac Vibe;
• Data downloaded from Chevrolet Impala;
• Data downloaded from OPP Tahoe (SO);
• Charge Summary (CW #2);
• Notes – WO #1;
• Notes – WO #2;
• Notes – WO #3;
• Notes – WO #4;
• Notes - SO;
• GPS data from SO’s OPP Tahoe;
• GPS data from WO #1’s OPP SUV;
• General Occurrence Report;
• Event Details Report;
• MVC Report;
• ICCS footage from SO’s OPP Tahoe;
• ICCS footage from WO #1’s OPP SUV; and
• Canvass Summary.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources:

• Video footage from École Élémentaire Catholique Sainte-Marie, received October 16, 2023;
• Dashcam footage from CW #6, received October 13, 2023;
• The Complainant’s medical records from HGH, received October 23, 2023; and
• The Complainant’s medical records from Norfolk General Hospital, received October 16, 2023.

320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

(2) 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 bodily harm to another person.