News Release
SIU Director: No Further Action Contemplated in Cruiser Collision with Motorcycle
Case Number: 15-OVI-176
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No further action is being contemplated following the closure of an investigation into a collision between a Niagara Regional Police cruiser and a motorcycle, announced the Director of the SIU.
Director Tony Loparco found that there are no reasonable grounds to believe the subject officer committed a criminal offence in this matter.
The SIU had assigned five investigators and two forensic investigators to probe the circumstances of this incident. Four civilian witnesses and one witness officer were interviewed. The subject officer declined to be interviewed or provide a copy of her notes, as is her legal right.
The investigation into this incident found the following:
- Around 2:00 p.m. on August 8, 2015, a cruiser operated by the officer was travelling west along Main Street in Niagara Falls when the officer attempted to turn left onto Sodom Road.
- At the same time, a motorcycle driven by 51-year-old David Taylor was driving east along Lyons Creek Road through the intersection connecting Lyons Creek Road and Main Street at Sodom Road.
- The motorcycle collided with the cruiser and Mr. Taylor was thrown from the vehicle. He was transported to hospital and treated for a fractured pelvis.
Director Loparco said, “By all accounts, Mr. Taylor was operating his motorcycle safely and had the right of way through the intersection at the time of the accident. While it remains unclear why the officer attempted to turn the cruiser when she did, what is clear is that the officer failed in her duty to yield to oncoming traffic and to turn only when it was safe to do so.
“That said, there is no indication in the evidence that the officer’s conduct was anything other than a momentary and singular failing, much less the type of marked departure from a reasonable level of care necessary to attract criminal liability. For these reasons, I am satisfied that there are no grounds for proceeding with criminal charges in this case.”
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