News Release
SIU Concludes Hamilton Falling Death Investigation
Case Number: 12-OCD-093
Mississauga (2 May, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge an officer with the Hamilton Police Service (HPS) with any criminal offence in relation to the death of a 39-year-old man in April of 2012.
The SIU assigned six investigators and two forensic investigators to probe the circumstances of this incident. The subject officer submitted to an interview with the SIU and provided a copy of his duty notes. In addition, four witness officers and six civilian witnesses were interviewed, and communications recordings and a negotiation recording were examined.
The SIU investigation found that the following events took place on Sunday, April 1 and Monday, April 2:
• At approximately 9:15 p.m. on April 1st, HPS received a call regarding a male standing on the ledge of the Upper James Street and the Lincoln Alexander Parkway overpass. Officers and negotiators were dispatched to the scene.
• Upon arrival, the subject officer saw the man and entered into a discussion with him. The officer continued speaking with the man because he seemed to favour the officer over the negotiators and others who had stopped by to assist.
• The discussions took place over approximately nine hours. During this time, officers offered gloves, food and coffee to the man. As well, they provided him with a cellphone so that he could speak with his family.
• At approximately 5:00 a.m. on April 2nd, the man either jumped or fell from the overpass, causing his death by blunt force trauma on the roadway below.
• He was transported to hospital and pronounced deceased at 5:30 a.m.
Director Scott said, “On the basis of this investigation, the subject officer was attempting to dissuade the man from committing suicide. While it is unclear if the man ultimately either jumped or fell, in my view, the subject officer had nothing to do with his unfortunate death.”
The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations