Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section14 (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following: 

• Confidential investigative techniques and procedures used by law enforcement agencies; and 
• Information that could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding. 

Pursuant to section 21 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

•  The names of persons, including civilian witnesses, and subject and witness officials; 
• Location information; 
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and 
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation. 

Personal Health Information Protection Act, 2004

Pursuant to this legislation, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may also have been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

 

[Note: A witness official is an official (whether a police officer, a special constable of the Niagara Parks Commission or a peace officer with the Legislative Protective Service) who, in the opinion of the SIU Director, is involved in the incident under investigation but is not a subject official in relation to the incident.

 

Figure 1 - The front lawn of Hanna Memorial Public School where the collision occurred.

The stolen Infiniti Q50 was on the front lawn of the school, near Russell Street. The Infiniti had travelled north on Russell Street, lost control and veered into the school yard, in the course of which a metal pole from the chain link fence bordering the property entered through the windshield and impaled the Complainant. It appeared that after he was impaled the Infiniti struck a tree.

The Complainant’s body remained in the vehicle and the school was closed for the day while the coroner and emergency personnel worked on the forensic evidence.

Route

On February 10, 2021, at about 3:00 p.m., SIU Forensic Investigators went to Ontario and Conrad Streets in Sarnia where a video recording was started which followed the route of the SO from that location to the scene.

The route started southeast along Ontario Street to the traffic lights at Russell Street South where the route turned left and continued northbound on Russell Street South. Russell Street North began at the cross street of Davis Street. Russell Street (north and south) was a through street and was mostly residential with single family homes, schools, churches and some small businesses. The streets intersecting with Russell Street North were controlled by stop signs for intersecting streets except for Wellington Street and George Streets which were controlled by traffic lights.

The distance from the start of the video on Ontario Street to the scene was recorded as 1.3 kilometres, but this was not the distance of the pursuit by the SO, as that began on Russell Street South at a point north of Ontario Street.

Scene Diagram

Forensic / Expert Evidence

The stolen Infiniti was towed to the CFS for examination and for data download.

Airbag Control Module (ACM) Data - 2016 Infiniti Q50

At Event One, there was a maximum longitudinal change in velocity (delta v) of -12.0 km/h (front to rear) and maximum lateral delta v of -9.0 km/h (right to left). The driver’s frontal airbag deployed for both stages, the two front occupant seatbelt pretensioners deployed and the right passenger side curtain deployed. All of this was consistent with what one would expect from sideswiping a chain link fence.

According to the pre-crash data below, 5 seconds before striking the fence the Infiniti was operated at 144 km/h and coasted with no braking to 136 km/h 3 seconds before impact. The brakes were applied, and the Infiniti slowed to 102 km/h before colliding with the fence.

In Event Two the longitudinal delta v was -22 km/h (front to rear) and the lateral delta v was -36 km/h (right to left). The deployment command for the driver’s airbag, the right side curtain and the seatbelt pretensioners were similar to Event One. All of this was consistent with what one would expect from side impact with a tree.

According to the pre-crash data below, 5 seconds before striking the tree the Infiniti was operated at 136 km/h and coasted with no braking to 136 km/h 4 seconds before impact. The brakes were applied, and the Infiniti was slowed to 37 km/h before colliding with the tree.

The following chart displays the calculated locations of the Infiniti in half-second increments up to 6.5 seconds before impact with the tree based on its speed.

Global-Positioning System (GPS) Data for the SO’s Unit

The yellow thumb tack in the following Google Earth® images depict the location of the SO’s SPS Unit for the reported times and speeds. The increments of the data were generally six seconds apart and at times were as high as 20 seconds apart. The last few samplings before the cruiser stopped were not included in this report for brevity’s sake. The speeds of the SO’s SPS Unit were reported in mph and, prior to 4:03:11 a.m., were nominal.

Figure 2 - The location of the SO's SPS Unit at 4:03:11 a.m.

4:03:11 a.m. – 50 km/h

Figure 3 - The location of the SO's SPS Unit at 4:03:23 a.m.

4:03:23 a.m. - 0 km/h (Ontario Street at Russell Street)

Figure 4 - The location of the SO's SPS Unit at 4:03:43 a.m.

4:03:43 a.m. - 79 km/h (Northbound Russell Street South)

Figure 5 - The location of the SO's SPS Unit at 4:03:49 a.m.

4:03:49 a.m. - 79 km/h (Northbound Russell Street South)

Figure 6 - The location of the SO's SPS Unit at 4:03:55 a.m.

4:03:55 a.m. - 100 km/h (At Kathleen Avenue)

Figure 7 - The location of the SO's SPS Unit at 4:04:01 a.m.

4:04:01 a.m. - 112 km/h (At Davis Street)

Figure 8 - The location of the SO's SPS Unit at 4:04:07 a.m.

4:04:07 a.m. - 115 km/h (At Cameron Street)

Figure 9 - The location of the SO's SPS Unit at 4:04:13 a.m.

4:04:13 a.m. - 55 km/h (At George Street - controlled by traffic signals)

Figure 10 - The location of the SO's SPS Unit at 4:04:19 a.m.

4:04:19 a.m. - 21 km/h (Approaching scene)


Figure 11 - The location of the SO's SPS Unit at 4:05:01 a.m.

4:05:01 a.m. - 0 km/h (Essex Street at scene)

Conclusions from SIU Reconstructionist
At 4:03 a.m., on February 10, 2021, the Complainant was operating a 2016 black Infiniti Q50 northbound on Russell Street South in Sarnia Ontario;

• The SO was operating a marked Chevrolet Tahoe, the SO’s SPS Unit, which was traveling at about 79 km/h also northbound on Russell Street South;
• The weather was clear and the roads were dry;
• The speed limit on Russell Street South and Russell Street North was 50 km/h;
• With emergency lighting not activated on the SO’s SPS Unit, both vehicles were driven at an average speed of 103 km/h at Davis Street (where Russell Street South changes to Russell Street North) about 570 metres south of the collision scene;
• The SO’s SPS Unit was about 3.1 seconds behind;
• With emergency lighting activated [1] on the SO’s SPS Unit, both vehicles travelled northbound on Russell Street North at an average speed of 90 km/h at Cameron Street, about 361 metres south of the collision scene;
• The SO’s SPS Unit was about 3.7 seconds behind;
• The Infiniti crossed George Street through traffic signals at 144 km/h;
• At a point about 84 metres south of the collision scene and at a speed of 136 km/h, the Infiniti was turned significantly to the right with steering control intact;
• Steering would be extremely sensitive due to high speed;
• The Infiniti rotated clockwise about its vertical axis and was driven northeast mounting the east curb and sidewalk;
• The Infiniti was turned to the left and began to straighten, slowing to 102 km/h as it travelled through the chain link fence of the playground at Hanna Memorial Public School;
• The top rail of the fence impaled the head of the Complainant;
• The Infiniti rotated counter-clockwise about its vertical axis and clockwise about its longitudinal axis (as viewed from the front) as it travelled northbound another 30.5 metres;
• The lower right side of the Infiniti came into collision with a large tree in the playground and the vehicle rotated clockwise about vertical axis coming to rest facing southwest about 7.8 metres from the tree; and
• At a speed less than 55 km/h, the SO drove the SO’s SPS Unit to the scene seconds later.

Video/Audio/Photographic Evidence [2]

Communications Recordings

On February 22, 2021, at about 11:07 a.m., the SIU received disclosure from the SPS, which included a copy of the SPS communications recordings, internal telephone calls, and the CAD.

At 4:05 a.m., on February 10, 2021, the SO called into the communications centre. Nothing further was said, but 11 seconds later he reported that a vehicle flew past him at Essex Street and Russell Street area. The vehicle was involved in an MVC (motor vehicle collision) across from Bluewater Health Hospital. Shortly after, the SO requested EMS and was told the SFD (Sarnia Fire Department) would also be sent.

At 4:07 a.m., the SO confirmed the MVC was in the Hannah Memorial Public School yard and a single vehicle was involved. The SO spoke of “being through the window and it was not looking good”. EMS and SFD were said to be coming.

At 4:08 a.m., WO #6 was on scene. The SO told him that a pole was through the man’s [the Complainant’s] face and that he asked for EMS to be as quick as possible.

EMS and SPS dispatch centres were called and updated about severe head damage and a pole through the driver’s face. WO #7 was asked if he was copying what had occurred and he acknowledged he had.

A request was made for the traffic and identification branches.

An undesignated officer acknowledged he was listening when asked by WO #7.

WO #7 instructed WO #6 to put up the emergency tape around the scene.

At 4:11 a.m., WO #4 supplied the licence plate and was told the 2016 black Infiniti was stolen out of Chatham.

At 4:17 a.m., WO #7 advised that CPR was being performed, but likely the Complainant was Vital Signs Absent (VSA).

At 4:22 a.m., WO #2 said the Complainant was pronounced dead at the scene. [3]

At 4:36 a.m., the SO advised he was going to the station, but was then told not to.

At about 4:37 a.m., WO #7 indicated a wallet was in a pocket of the Complainant showing his identification. WO #7 said the identification would have to wait for fingerprints because his face was gone.

At 4:55 a.m., WO #7 said that the SO was either on his way or at the station. WO #1 was going to the hospital for stitches due to a finger injury after he broke a window.

At 5:17 a.m., the SO called the communication office and asked for the initial time he called-in and the occurrence number. The SO was asked if he was okay, and he replied he was.

At 5:33 a.m., WO #7 was told that the undesignated officer wanted to talk to him.

At 6:59 a.m., another officer said the coroner was on scene.

At 7:57 a.m., a woman was asking about what information could be sent to the CKPS by email. This conversation was the first time anyone spoke about the SIU invoking their mandate.

At 8:49 a.m., an officer reported that the SIU was on scene.

All communications and telephone calls were reviewed, but there was no information to advance what had occurred between the Complainant and the SO prior to the reported MVC.

Video from Russell Street South #1

This video was obtained from a house on Russell Street South. The camera covered the intersection of Russell and Ontario Streets, and a section of Devine and Russell Streets. At 4:03:03 a.m., the headlights of the Infinity Q50 were seen moving on Devine Street toward Russell Street South. The intersection was controlled by a stop sign on Devine Street.

Video from Russell Street South #2

This video was obtained from a business on Russell Street South.

At 4:03:53 a.m., the Infiniti Q50 was on Russell Street North traveling at what looked like a high rate of speed. At 4:03:57 a.m., four seconds behind, the video captured the SPS SUV driven by the SO. The Infiniti Q50 went out of camera range and, at 4:04:00 a.m., the reflections of the emergency lighting were captured before the SPS SUV went out of camera range.

Video from Russell Street North #1

This video was obtained from a business on Russell Street North. The time on this video footage appeared to be about 20 minutes ahead of actual time.

At 4:25:30 a.m., headlights could be seen in the distance. At 4:25:47 a.m., there were two distinct sets of headlights shown traveling northbound on Russell Street North. The Infiniti Q50 passed through Cromwell Street followed four seconds later by the SPS SUV with its emergency lighting activated.

Video from Russell Street North #2

This video was obtained from a business on Russell Street North.

At 4:04:04 a.m., the Infiniti Q50 travelled northbound past the store at a high rate of speed. At 4:04:08 a.m., the SPS SUV with its emergency lights on drove past the store following the Infiniti Q50.

Bluewater Health, 89 Norman Street

On February 12, 2021, at about 2:01 p.m., staff at Bluewater Health provided the SIU with a thumb drive with video evidence. There was a digital camera mounted below the main entrance canopy at the south side of the hospital. The camera covered the parking lot out to Maria Street and to the north of Russell Street North and Maria Street.

At 4:05:36 a.m., headlights from the Infiniti Q50 were seen northbound on Russell Street. At 4:05:49 a.m., the headlights and a taillights were seen from the Infiniti, which would be consistent with the Infiniti Q50 hitting the tree and spinning. At 4:05:50 a.m., all the Infiniti lights disappeared. At 4:05:52 a.m., a second set of headlights appeared and slowed to a stop [now known to be a SPS SUV]; no emergency lighting was seen. At 4:06:16 a.m., what appeared to be a spotlight was turned on from the SPS SUV shining on what was believed to be the area of impact.

Materials Obtained from Police Service

The SIU obtained and reviewed the following records from the SPS:

• GPS Data-the SO;
• Known File Impressions of Deceased;
• Notes of the SO, WO #1, WO #2, WO #4, WO #5, WO #6 and WO #7
• SPS email chain regarding push bar on vehicle;
• SPS Event Chronology;
• SPS Involved Officers List;
• SPS Policy-Suspect Apprehension Pursuits; and
• Will state of WOs.

Materials Obtained from Other Sources

The SIU obtained and reviewed the following records from the following other sources:

• Data was retrieved from the stolen Infiniti Q50 via the airbag control module; and
• Videos from Russell Street.

320.13 (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.