News Release
No Further Action in Pursuit where Truck Smashed through Hydro Pole in Penetanguishene
Case Number: 15-PVI-259
Other News Releases Related to Case 15-PVI-259
The Acting Director of the Special Investigations Unit has found that no further action is warranted in a brief police pursuit that ended with a collision in Penetanguishene in November.
Four investigators and two forensic investigators were assigned to this incident.
The subject officer – a member of the Ontario Provincial Police – provided a copy of their duty notes but did not submit to an interview with the SIU, as is their legal right. The complainant also refused to provide a statement to the SIU. Investigators interviewed three witness officers and seven civilian witnesses. The investigation also included GPS data from the officer’s police cruiser.
The completed SIU investigation found the following:
- Just before 5:00 p.m. on November 8, 2015, a man was driving his pickup truck north on Fuller Avenue. He was speeding at almost twice the posted limited and driving recklessly as he approached Robert Street.
- The subject officer was on patrol and noticed the truck’s speed. The officer then activated the cruiser’s emergency lights and started to pursue the truck.
- Around the same time, the man driving the pickup truck swerved into the southbound lane of Fuller Avenue, almost struck a vehicle, swerved back into the northbound lane before driving off onto the gravel shoulder, striking a hydro pole and coming to rest among a bank of trees.
- The man was rushed to a hospital with serious injuries and kept in the intensive care unit for several days.
Acting Director Joseph Martino said, “For all intents and purposes, the subject officer’s engagement with the man’s pickup truck was over before it began. The officer had travelled no more than about a kilometer, trying to close the gap with the truck, when the collision occurred. Though the GPS data indicates the officer’s cruiser reached speeds as high as 129 km/h during this brief period, there is no evidence that the officer was anywhere near the man’s vehicle at any time, or that the officer’s driving endangered other motorists in the vicinity. Indeed, it is not even clear that the man was aware of the officer’s presence behind him.
“It should be noted that the officer was in the lawful execution of their duty at the time, clearly within their rights in attempting to stop the truck for speeding. Also worth noting were the favourable conditions: the road was dry and in good repair, and the weather was clear.
“In the final analysis, it is evident on this record that the officer exercised a reasonable level of care at all times. Accordingly, there are no grounds for charges in this case and the file is closed.”
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