News Release
SIU Concludes Investigation into Hamilton Vehicle Collision
Case Number: 09-OVI-228
Other News Releases Related to Case 09-OVI-228
The SIU assigned three investigators and two forensic investigators to probe the circumstances surrounding this incident.
The SIU investigation determined that on September 3, the subject officer was doing radar enforcement on the Lincoln Alexander Parkway. At approximately 3:30 a.m., a light-coloured Chrysler driven by Jay Davy drove past the officer at a clocked speed of 164 km/hr. When Mr. Davy refused to stop, the officer activated his emergency lights and entered into a pursuit of the Chrysler. The Chrysler exited on the Garth Street ramp, turned north, ran the red light at Limeridge Road and smashed into a stone wall at Garth Street and Beckett Drive. The complainant suffered serious injuries in the collision, including a fractured right ankle and left wrist, and a collapsed lung.
Director Scott stated, "There is no doubt that the subject officer was engaged in a pursuit of the complainant's vehicle beginning on the Lincoln Alexander Parkway, and that Mr. Davy had no intention of stopping. Pursuant to s. 3 of the Suspect Apprehension Pursuit regulations to the Police Services Act, the officer had the lawful authority to enter into this pursuit because the complainant was engaged in driving at speeds that could constitute dangerous driving under s. 249 of the Criminal Code. The complainant was actively attempting to elude the subject officer, and subsequently lost control of his vehicle and collided with a stone wall."
Director Scott added, "I'd also like to note that surveillance video obtained shows an eight second gap between the two vehicles shortly before the collision, suggesting that the subject officer was a significant distance behind Mr. Davy. There is no suggestion of contact between the two vehicles."
If you or someone you know has been negatively affected by an incident under SIU investigation and would like support, the Affected Persons Program is here to help. You can reach us at 1-877-641-1897. Support is free, confidential, and available 24/7, every day of the year.
The SIU is an independent government agency that investigates the conduct of officials (municipal, regional and provincial police officers, police officers with the Nishnawbe Aski Police Service, special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) 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. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations