News Release
SIU Concludes Barrie Death Investigation
Case Number: 12-PCD-240
Mississauga (14 November, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge officers with the Ontario Provincial Police (OPP) Barrie Detachment with any criminal offence in relation to the death of a 58-year-old man in August of 2012.
The SIU assigned two investigators to probe the circumstances of this incident. As part of the investigation, three witness officers and four civilian witnesses were interviewed. Both subject officers provided their duty notes and a statement to the SIU.
The SIU investigation found that the following events took place on Saturday, August 18:
• In the afternoon hours, the man was arrested for impaired driving and transported to the Barrie detachment where he was lodged in a cell. Both subject officers were in command positions at the detachment while the man spent time in the cells.
• The cell was monitored throughout the night, and the man was observed vomiting a number of times. However, no-one considered this to be unusual for someone who is lodged in a cell on an impaired driving charge.
• The morning of August 19, the man was driven to his home. He did not complain about his medical condition nor showed signs of medical problems.
• Later that day, a friend of the man found him in a state of medical distress. He was transported to Orillia Soldiers’ Memorial Hospital where he was diagnosed as suffering from septic pneumonia and pulmonary disease.
• He died two days later.
The post-mortem did not disclose any trauma to the body.
Director Scott said, “In my view, the subject officers did nothing wrong in relation to this incident. While they have a legal duty to care for those in their custody, they and the staff had no idea that the man was so acutely ill. As a result, even though they were indirectly aware that he was vomiting a number of times during the night, they reasonably in my view did not call for medical intervention because it is not unusual for those arrested for impaired driving to engage in this activity. Accordingly, no criminal liability may attach to their acts or omissions.”
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