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News Release

SIU Concludes Investigation into Toronto Collision

Case Number: 05-TVD-053

TORONTO (10 June, 2005) --- The Director of the Special Investigations Unit (SIU), James L. Cornish, has concluded there is no reasonable basis to believe that a Toronto Police Service (TPS) officer committed a criminal offence in relation to the death of Nesanel Levin.

On April 19, 2005, Mr. Levin was critically injured when a Plymouth Breeze car that was being followed by police, struck his car. Mr. Levin was the sole occupant in his car and died from his injuries the following day. The driver of the Plymouth, David Rowan, was apprehended at the scene with minor injuries.

The SIU investigation determined that at approximately 11:12 p.m., two TPS officers in a marked police cruiser with the emergency equipment activated, responded to a break and enter call. The police received information that an intruder, believed to be David Rowan, was trying to enter a home on Carmichael Avenue. The family in the home knew Mr. Rowan to be emotionally disturbed and obviously agitated when they locked themselves in a bedroom.

The officers were traveling south on Bathurst Street and were about to turn onto Carmichael when they received further information that Mr. Rowan had left the home in a silver four-door car. The officers saw a Plymouth car matching the description pass them as it traveled west on Carmichael, towards Bathurst. The subject officer made a u-turn on Carmichael and followed Mr. Rowan as he turned south onto Bathurst Street.

Mr. Rowan did not stop and the officers were attempting to catch up with the Plymouth when they saw Mr. Rowan pull out into the northbound lanes to pass a slower car. At the same time, Mr. Levin who was also traveling south on Bathurst, turned left across two northbound lanes onto Haddington Avenue. Mr. Rowan came up from behind and broad sided Mr. Levin's car as it turned. The police arrived at the collision seconds later.

The entire event lasted approximately 12 seconds and covered 285 metres.

Based upon all of the evidence gathered from the investigation, Director Cornish concluded the police did nothing that caused or contributed to the tragic death of Mr. Levin. He stated, "Mr. Levin did nothing wrong in this incident. The police turned to follow Mr. Rowan and stop him if they could, but before they could catch up, Mr. Levin turned left from the southbound lanes of Bathurst Street. Naturally he was not expecting that there would be a car traveling south in the northbound lanes, and tragically, was struck."

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. 
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342