The Province’s Special Investigations Unit (SIU) says it has concluded its investigation of a West Grey Police Officer in relation to the death of a man after a police pursuit in Grey County.
SIU Director Joseph Martino says in a release, he has found no reasonable grounds to believe that a West Grey Police officer committed a criminal offence in connection with the death of a 40-year-old man, and serious injuries suffered by 14-year-old girl and 26-year-old man, following a police pursuit east of Durham last November.
In December of 2021, police charged Jeremy Hogg then 26 years old, of Kincardine with Criminal Negligence Causing Death, Criminal Negligence Causing Bodily Harm (2 counts), Robbery, Possession of Property Obtained by Crime Over $ 5,000.00.
The SIU says on November 7th, 2021, officers responded to stop the driver of a stolen pickup truck being operated erratically and at speeds upward of 150 km/h.
According to the SIU,”The driver of the truck, had been on a rampage that morning. His father had contacted the OPP expressing concern for his son, who had assaulted him.” OPP and West Grey Police located the truck and tried to stop it, but the man had been able to break away.
The SIU says, aware from OPP reports that the suspect was travelling west on Grey County Road 4 from Flesherton towards their jurisdiction, they decided to intervene out of concern about the pickup entering the populated area of Durham.
According to the SIU report, police headed as far east as they could from the town in their separate cruisers to try to stop the truck. They deployed a spike stick at Camp Oliver Road and Grey County Road 4. The driver ran over it, where the SIU says one or more of the tires was affected, but the truck continued at speeds in excess of 150 km/h past the intersection, and police pursued.
Within about a minute, says the SIU, the pickup truck, with one or more of its tires deflated entered into a leftward bend in the road, swerved into the eastbound lane, and hit the Nissan with the father and daughter in it. The SIU says the truck continued for about 200 metres before coming to a stop after knocking down a section of guard rail and posts.
The SIU says following the collision, the suspect got out of the truck and accosted another driver who had pulled over to see if he was okay, assaulting him and trying to steal his pickup truck.
West Grey Police arrived and arrested the suspect after a struggle, during which time a stun gun was reportedly used.
The 40 year old man in the Nissan died in the collision. His 14 year old daughter had a fractured wrist. A possible third person’s condition was not mentioned.
Martino, in commenting on the conduct of the police officers says in the report, “They had reason to believe that Complainant #3 (the suspect) was operating a stolen pickup truck with reckless disregard for public safety, and were right to be concerned about what would happen should it enter into the populated area of Durham – about five kilometres away.”
Martino also said, “I am also satisfied that the decision to deploy the spike stick was a reasonable one. A police pursuit or the use of police vehicles to stop the pickup truck was off the table as Complainant #3 (the suspect) had in prior encounters with the police failed to stop when signalled to do so and rammed other vehicles. In the circumstances, the use of a spike stick had the potential to safely bring the pickup truck to a stop if it worked as intended, namely, to create a gradual and controlled tire deflation. The location the officers had chosen to execute the tactic – a rural road that ran straight for a couple of kilometres – was also ideal as it would mitigate the risk to public safety in the event the tire deflation resulted in a loss of control by the driver.”
Martino also noted, “Mitigate – not eliminate – as there was always going to be risk in any decision taken by the officers. They could have decided to do nothing and hope that Complainant #3 (the suspect) would reduce his speed and alter his reckless driving as he approached Durham. However, the officers had no reason to think he would do that. By the time they got involved, Complainant #3 (the suspect) had embarked on a protracted course of dangerous driving.”
Martino said, “Indeed, with no police officers pursuing or following him, he travelled at speeds upwards of 150 km/h en route to the site of the spike stick. Perhaps the officers ought to have arranged to stop eastbound traffic for a distance behind them before deploying the spike stick to further reduce the risk. However, events were unfolding quickly and it was not long before the pickup truck was on them – time was not on their side. In the face of these difficult choices, I am unable to reasonably conclude that the tactic they adopted was unreasonable or, if it was so, that it was markedly unreasonable.”
SIU Director Martino says he was unable to conclude the use of the spike stick was unreasonable in the circumstances and says the file has been closed.
Three investigators and two forensic investigators were assigned to the case, the SIU says.
The SIU is an independent government agency that investigates the conduct of officials including police officers 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.