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Accident – Death – Obituary News : Toronto Police Officer Cleared of Criminal Charges in Park Collision Incident
In a recent announcement, the Special Investigations Unit (SIU) revealed that a Toronto police officer will not face criminal charges for running over a 31-year-old man in a west Toronto park last summer. The incident occurred on August 6 at Earlscourt Park, near St. Clair Avenue West and Caledonia Park Road, during the second day of Festival Eritrea Toronto.
The day before the incident, the police were called to the festival after opponents of the Eritrean government disrupted the event, resulting in skirmishes and several individuals being taken to the hospital. Joseph Martino, the director of the SIU, mentioned in his report that the collision took place when an officer, driving a fully-marked Toronto Police Service vehicle, struck a man who was sleeping on a grassy hill in the northwest corner of the park, just west of the soccer field. After feeling a “thump from underneath the cruiser,” the officer stopped the vehicle at the bottom of the hill.
Immediately after the collision, the officer provided assistance to the critically injured victim, who was in excruciating pain. Paramedics rushed the man to Sunnybrook Health Sciences Centre, where he was admitted to the Intensive Care Unit with life-threatening injuries, including numerous fractures.
The Toronto Police Service promptly notified the SIU of the police-involved injury, and the civilian agency arrived at the scene later that evening. The SIU conducted interviews with the man who was struck, referred to as the Complainant, as well as seven witnesses between August 8 and 22. Additionally, they received and reviewed notes from an eighth witness.
According to Martino’s report, the officer involved, known as the Subject Official (SO), declined to be interviewed by the SIU or provide their notes, exercising their legal right. The investigation also examined footage from two officers and communication recordings. The examination, including a re-creation using a mannequin, confirmed that the officer driving the vehicle had no visibility of the person they struck.
Martino acknowledged that the officer should have ensured their path was clear before descending the hill, particularly since the grade of the decline obstructed their line of sight over the front of the vehicle. However, he noted that the probability of someone sleeping on the hill in line with the officer’s direction of travel was low.
On December 4, Martino concluded that there were no “reasonable grounds” to believe that the officer had violated the limits of care prescribed by criminal law when accidentally driving over the man. The potential charges the officer could have faced were dangerous operation causing bodily harm and criminal negligence causing bodily harm.
Martino explained that both charges require conduct that exceeds a simple lack of care and amounts to a marked departure from the level of care a reasonable person would exercise in the circumstances. In his assessment, the officer’s actions did not demonstrate a wanton or reckless disregard for the lives or safety of others and did not constitute a marked and substantial departure from a reasonable standard of care.
Furthermore, Martino emphasized that the Subject Official was engaged in the lawful discharge of their duties during the incident and exhibited due care and regard for public safety. The officer was part of the police presence at Earlscourt Park, organized to maintain peace between opposing factions at the Eritrean festival.
The SIU is responsible for investigating incidents involving the police where there has been death, serious injury, allegations of sexual assault, or the discharge of a firearm at a person. For this particular case, three investigators, two forensic investigators, and one collision reconstructionist were assigned. The investigation has now concluded, and the file is closed..
