News Release

News Release

SIU Concludes Toronto Vehicle Injuries Investigation

Case Number: 12-TVI-244   

Mississauga (18 September, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Toronto Police Service (TPS) officer with any criminal offence in relation to the injuries sustained by 57-year-old Sharon Lamonday in August of 2012.

The SIU assigned three investigators, two forensic investigators and a collision reconstructionist to probe the circumstances of this incident.  In addition, one witness officer and seven civilian witnesses were interviewed.  Further, imagery from the subject officer’s in-car video camera was downloaded and analyzed.  Due to the fact that the subject officer remains hospitalized as a result of the collision, he was not interviewed by the SIU nor requested to provide a copy of his duty notes. 

The SIU investigation found that the following events took place on Thursday, August 23:
• Shortly after mid-day, the subject officer was driving southbound in a marked police cruiser on Midland Avenue north of Lawrence Avenue in response to an officer-assist call.  His emergency equipment, including the siren, was activated.  In front of the subject officer’s cruiser was another police cruiser which was responding to the same call.  Its emergency equipment was also activated.
• Midland Avenue in this area is a four lane road with a posted speed limit of 60 km/hr. 
• At the same time as both police cruisers were travelling southbound, Ms. Lamonday was driving northbound in the passing lane of Midland Avenue.  The video imagery from the subject officer’s in-car video recorder makes it clear that Ms. Lamonday  turned her vehicle into the southbound passing lane, crossing the centre line after the first police cruiser passed her vehicle but before the second cruiser driven by the subject officer passed, causing a significant collision between the two vehicles.
• According to the collision reconstructionist’s report, the speed of the police cruiser close to the time of impact was 90 km/hr and that of Ms. Lamonday’s vehicle was between 41 to 63 km/hr.
• Both Ms. Lamonday and the subject officer were transported to Sunnybrook Health Sciences Centre.  Ms. Lamonday sustained multiple bone fractures, and the officer sustained both pelvic and internal injuries.

Director Scott said, “With respect to this incident, the subject officer was driving southbound in the lawful execution of his duties – he was responding to an officer-assist call.  Pursuant to ss. 128(3) of the Highway Traffic Act, he was accordingly exempt from the speed limit requirements in these circumstances.  Given that the complainant crossed the centre line of Midland Avenue in front of the subject officer’s police cruiser combined with the fact that the subject officer was exempt from the speed limits requirements, he cannot in my view be held criminally liable for this motor vehicle collision.  Unfortunately, both drivers sustained serious injuries as a result of the collision.”                  

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