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Two Halton police officers will not face charges after they failed to administer a breathalyzer test to a drunk driver who went on to cause a triple fatal crash in Milton two years ago, Ontario’s police watchdog says.
In a report Monday, SIU Director Joseph Martino said the conduct of two officers involved in the case doesn’t meet the test for criminal negligence but “there is also evidence” that they engaged in “possible misconduct” contrary to the Police Code of Conduct.
Martino said he will refer the matter to the Halton police chief for review by the Halton Regional Police Service.
The crash killed an 18-year-old driver, a 16-year-old teen girl and a 26-year-old man on March 30, 2024.
All three died in a two-vehicle crash at the intersection of Derry Road and Sixth Line, when the Infiniti driven by the 18-year-old with the 16-year-old as his front passenger, rammed into the rear of the 26-year-old man’s Honda that was stopped for a red light.
The matter was not reported to the SIU until July 22, 2024, nearly four months after the crash, the report says. Martino said he will refer the matter to the Law Enforcement Complaints Agency (LECA), which manages public complaints about police misconduct.
Still, Martino said criminal charges are not warranted.
“The test for criminal negligence is high — the impugned conduct must reflect a wanton or reckless disregard for the lives or safety of other persons,” Martino writes.
“Mere errors of judgment or mistakes are insufficient to make out liability. In the final analysis….the evidence falls short of reasonably establishing that their conduct amounted to a marked and substantial departure from a reasonable level of care in the circumstances,” he continues.
“For the foregoing reasons, there is no basis for proceeding with criminal charges in this case.”
No ‘device used to determine sobriety,’ report says
According to the report, the first traffic stop was at about 1:35 a.m. at a McDonald’s drive-through at the corner of Derry Road and Santa Maria Boulevard. One officer arrived, then the second in a separate cruiser.
The police were responding to a report of a drunk driver by a caller who said the driver was out of his vehicle, was vomiting and unsteady on his feet.
One of the officers spoke to the driver and checked his licence. The driver was allowed to drive away.
“No examination was conducted nor was a device used to determine sobriety,” the report reads.
The second traffic stop happened at about 2:20 a.m. on Derry Road between Holly Avenue and Thompson Road S. The driver’s car had been seen drifting from lane to lane and touching a median.
An officer at this stop called the officer who had stopped the vehicle earlier to find out if she had seen any signs of impairment in the drive.
The other officer at the scene, meanwhile, asked the passenger to step out and asked her about his driving. The officer was told that he had been trying to frighten the passenger as a joke.
The officer who made the call then told the driver he could park his car or receive a careless driving ticket. He opted for the ticket.
Then, the officer who had been involved in the first traffic stop arrived and spoke with the officer who called her. The driver was given two tickets and was allowed to drive off.
“There was no examination nor was a device used to determine sobriety,” the report reads.
2nd vehicle in crash burst into flames
At about 3:20 a.m., the Infiniti crashed into another vehicle at Derry Road and Sixth Line. The second vehicle burst into flames.
A technical collision investigation estimated the driver was travelling 140-154 km/h leading to the crash, the report said.
In an email on Tuesday, the Halton Regional Police Service expressed condolences for the three people who died in the crash and confirmed the investigation has been referred to the LECA.
“The HRPS awaits the direction of LECA in relation to the investigation of the possible misconduct identified by the SIU Director in his report,” the statement said.
The SIUÂ is an independent government agency that investigates the conduct of police officers that may have resulted in death, injury or the discharge of a firearm, or led to allegations of sexual assault.