Ottawa police officer cleared in man's death following police pursuit

The Special Investigations Unit says the driver of this vehicle died in a collision on Dilworth Road and Fourth Line Road on Aug. 16. The SIU says the driver failed to stop for an officer conducting a traffic enforcement blitz. (Special Investigations Unit/release)

An Ottawa police officer has been cleared of wrongdoing in the death of a 28-year-old man in a collision in Kemptville, Ont. last summer.

The Special Investigations Unit conducted an investigation into the death of the driver of a vehicle on Aug. 16.

The SIU says an Ottawa police officer was doing traffic enforcement on Highway 416 in the Kemptville area when a man driving a Chevrolet Cobalt sped past at 164 km/h.

The officer initiated a pursuit of the vehicle after the driver failed to stop when directed, according to the SIU.

"The officer was about 300 metres away from the Cobalt when the driver crashed into a hydro pole at Dilworth Road and Fourth Line Road. The man was pronounced deceased at the scene," the SIU said in a statement.

The Special Investigations Unit says evidence in the investigation included video footage from the officer's cruiser that captured much of the incident.

In his report, SIU Director Joseph Martino said the officer was "within his rights when he decided to stop the Chevrolet and initiative a pursuit" on the evening of Aug. 16.

"The (Subject Officer) would have grounds to believe that the Complainant was 'stunt driving' ... and possibly even 'driving dangerously,'" Martino wrote. "He clearly was a danger on the roadway."

During the pursuit, the officer's speeds reached over 200 km/h on Hwy. 416, with Martino saying the officer was "himself a danger on the road".

"Adding to the danger was the failure on the part of the officer to activate his emergency lights and siren for much if not all of this period," Martino said.

"That equipment is meant to provide other users of the roadway notice of an officer’s vehicle, giving them time to safely react to the situation. Nor did the SO go over the radio with the speeds he was doing."

The SIU director writes "on the other side of the ledger", there was "no evidence" the officer's conduct played "any real role in the collision that occurred" or that other motorists on the road had to take "evasive action" to avoid the cruiser.

"When the aforementioned-considerations are weighed in the balance, I am satisfied that the SO's conduct, if dangerous at times given his speeds, fell short of transgressing the limits of care prescribed by the criminal law," Martino said. "As such, there is no basis for proceeding with charges in this case. The file is closed."