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News Release

SIU Concludes Investigation into Grimsby Death

Case Number: 08-OCD-199

Mississauga (19 May, 2009) --- The Director of the Special Investigations Unit (SIU) Ian Scott has concluded that there are no reasonable grounds to believe that an officer of the Niagara Regional Police Service (NRPS) committed any criminal offence in relation to the death of an 18 year old Grimsby man in September 2008.

The SIU assigned five investigators and three forensic investigators to probe the circumstances of this case.

The SIU investigation determined that shortly before midnight on Saturday September 20, 2008, NRPS officers responded to Woodsview Avenue in Grimsby in regards to a citizen’s call about a man allegedly breaking into vehicles along the street. When officers arrived, they found a member of the public holding Mr. Dan Kindree. Mr. Kindree was taken into custody by police and handcuffed. An ambulance was summoned when it became apparent that Mr. Kindree was in medical distress. He was taken to West Lincoln Memorial Hospital by ambulance where he later died.

Director Scott said, "On September 20, 2008, eighteen year old Dan Kindree was observed behaving in an unusual manner and talking gibberish. A number of area residents saw him trying to get into cars that were parked in the area. A citizen grabbed Mr. Kindree and took him to the ground. Mr. Kindree was held on the ground for approximately five minutes before police arrived. During this time Mr. Kindree went limp. The subject officer arrived and handcuffed Mr. Kindree. A sergeant arrived and tried to speak to Mr. Kindree, but Mr. Kindree was unresponsive. Officers began CPR and an ambulance was called. An ambulance arrived and Mr. Kindree was taken to hospital where he was pronounced dead."

Director Scott added, "While Mr. Kindree may have died in the custody of the police there is no information in this investigation supporting a causal relationship between the unfortunate death of this young man and the actions of the subject officer. The subject officer was clearly unaware of how serious Mr. Kindree’s condition was in that short period between his arrival and the time the ambulance took him to the hospital. In my view there are no reasonable grounds to believe that any of his acts or omissions were in law contributing factors to Mr. Kindree’s death."

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

  • consider whether an officer has committed a criminal offence  in connection with the incident under investigation
  • depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
  • report the results of any investigations to the Attorney General. 

Monica Hudon, monica.hudon@ontario.ca
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342