News Release
SIU Concludes Investigation into ATV Collision in Sutton
Case Number: 09-OVI-088
Other News Releases Related to Case 09-OVI-088
The SIU assigned four Investigators and two Forensic Investigators to probe the circumstances of this incident.
The SIU investigation determined that on Saturday, April 18th, 2009 at 10:04 a.m. a York Regional Police Service officer was investigating two all terrain vehicles (ATV) that were being operated in the area of Dalton Road and High Street in Sutton. The officer signalled the ATVs to stop, but the drivers did not do so. One of the ATVs collided with a tree on Catering Road. The driver, Henry Biernacki of Toronto, was taken to hospital with head injuries. The other ATV left the scene.
Director Scott said, "Mr. Biernacki was operating an ATV and was directed to stop by the officer. He failed to do so, lost control of the ATV and struck a tree. There is no evidence in the investigation that the subject officer activated the police car's emergency equipment and/or entered into a pursuit with the ATV."
Director Scott concluded, "Mr. Biernacki was solely responsible for the injuries he suffered and accordingly, no criminal liability may attach to the actions of the subject officer."
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