SIU clears York police officer after fatal collision on New Year's Eve

Ontario's police watchdog has cleared a York Regional Police officer after an investigation into a Markham car crash that killed a 68-year-old man last New Year's Eve.

The officer had attempted to stop a speeding car before the driver collided with another vehicle, according to the Special Investigations Unit (SIU). The driver of that third vehicle was later pronounced dead at the scene.

The death "was needless and tragic," said SIU director Joseph Martino in his report. He said the officer acted professionally and there are no grounds for charges.

"While the [subject officer] is a part of that sad story because of the efforts she made to resuscitate him at the scene and pull over the driver moments before he caused the collision that took the complainant's life, there are no grounds to believe that the officer acted other than professionally throughout," Martino said.

The officer was on patrol around 7:15 p.m. when a vehicle sped past her on Major Mackenzie Drive East, the SIU said.

The officer sped up to try to catch the driver, reaching speeds of 110 km/h, but slowed down and turned off her lights and siren when she lost sight of him, the SIU said.

The speeding car continued to drive east toward Ninth Line, the report said, where he turned left to go north.

"Within seconds of doing so," the driver had collided with a Toyota Corolla near Elgin Mill Road East, according to the report.

Jeremy Cohn/CBC
Jeremy Cohn/CBC

There is no evidence the speeding driver was ever aware of the police cruiser behind him, the SIU report says.

The officer doubled back when she heard about the collision, the SIU said. With help from another officer, they pulled the victim from the wreck and administered CPR, the report says. Paramedics arrived and took over, but the man, 68, was pronounced dead on scene.

Police arrested the speeding driver for alleged impaired driving at the time.

The SIU interviewed three civilian witnesses during its investigation. It also reviewed notes from six police witnesses, but did not interview them.

The officer under investigation was Interviewed, but "declined to submit notes, as is the subject officer's legal right."

The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault.