News Release
SIU Concludes Kingston Vehicle Injuries Investigation
Case Number: 13-OVI-024
Other News Releases Related to Case 13-OVI-024
Mississauga (12 March, 2013) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Kingston Police Force officer with any criminal offence in relation to the vehicle injuries sustained by two men in January of 2013.
The SIU assigned four investigators, two forensic investigators and a collision reconstructionist to probe the circumstances of this incident. As part of the investigation, four witness officers and five civilian witnesses were interviewed. The subject officer consented to an interview with the SIU and provided his duty notes.
The SIU investigation found that the following events took place on Saturday, January 26:
• In the evening hours, the subject officer and two other officers wereconducting an investigation in the vicinity of Harvey Street and Hickson Avenue.
• The subject officer saw a Ford Escape SUV travelling westbound on Hickson Avenue and then northbound on Harvey Street. In the vehicle were a 28-year-old driver and his 40-year-old passenger. Thinking that the occupants may be tied to their investigation, the subject officer started to follow the SUV in an attempt to ascertain its licence number. The SUV began accelerating over the posted speed limit. The subject officer decided to stop the speeding vehicle and activated the cruiser’s emergency lights. The SUV continued to accelerate and failed to stop at the stop sign at Elliott Avenue and Harvey Street. The subject officer activated his siren and attempted to communicate with his dispatch centre.
• The pursuit continued westbound on Elliott Avenue. At the intersection of Elliott Avenue and Derby Gate Crescent, the SUV began to spin clockwise and out of control, and then struck a tree.
• The subject officer stopped his cruiser and approached the pursued vehicle. Both occupants appeared to be seriously injured. They were transported to Kingston General Hospital by ambulance.
The collision reconstructionist’s report states that the SUV was travelling at a speed of at least 102 to 124 km/h immediately before it began to lose control, and there is no suggestion that it had come into contact with another vehicle before striking the tree. The top speed of the subject officer’s police cruiser was about 80 km/h shortly before the collision.
Director Scott said, “The subject officer had the lawful authority to enter into a suspect apprehension pursuit after the driver of the SUV began to accelerate away and refused to stop. Pursuant to the suspect apprehension pursuit regulations to the Police Services Act, an officer may initiate a pursuit for the purpose of identifying the suspect driver or vehicle in these circumstances. The subject officer attempted to stay in communication with his communication centre and did not drive at excessively high speeds. Also, there is no suggestion that he came into physical contact with the pursued vehicle. In my view, the driver of the pursued vehicle is the author of both his own misfortune and that of his passenger when he lost control of his vehicle and caused serious injuries to both occupants when it struck a tree.”
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