SIU won't pay Toronto cop after hit-and-run by e-biker he was chasing

The province's police watchdog will not charge a Toronto police officer in connection with a crash that left a man riding an e-bike in a chase that left him with multiple fractures.

On Friday, Special Investigations Unit (SIU) Director Joseph Martino released his final report on the Oct. 11, 2023, incident in Etobicoke, concluding “there is no basis to pursue criminal charges against the officer.”

Based on the evidence gathered, the SIU detailed the incident that began that afternoon on Evans Avenue. According to the watchdog, the officer, identified in the report as an officer in charge (SO), was riding a marked police motorcycle when he saw an e-bike driven by a 27-year-old man who was not wearing a helmet and committed a traffic violation.

As a result, the officer followed the man named as the complainant in the report.

“When the appellant realized that the SO was following him, he accelerated to escape. He turned from westbound Evans Avenue onto southbound Horner Avenue and drove recklessly – he jumped the west curb, sped down the westbound sidewalk and adjacent grassy area approaching Judson Street, and made a left turn onto Judson Street. west sidewalk,” the SIU said.

The officer continued on the trail with his emergency lights on. At one point, the SIU said the officer reached speeds of about 137 km/h to close the gap on the e-bike.

An e-bike rider ran a red light and was hit by a car at the intersection of Islington Avenue and Judson Street, a supervisor said. As a result of the collision, the rider was thrown from the e-bike.

The officer soon arrived at the intersection and assisted the e-cyclist. A 27-year-old man who was taken to the hospital was diagnosed with a fracture of his left leg, left ankle and spine.

The SIU director said he could not conclude that the officer had breached the limits of care set out in the criminal law, but had examined aspects of his conduct, including the decision to pursue the rider in the first place.

“According to TPS policy, the officer should not have been riding the e-bike. He was driving a motorcycle and the person chasing him was also on a motorcycle – each is a disqualifying factor,” said Martino.

He also criticized the officer for speeding.

“Finally, the officer observed appellant's dangerous driving sufficiently to realize that further pursuit was not in the interest of public safety, but he persisted,” Martino said.

Finally, Martino said it wouldn't be fair to say the officer pushed the rider into the intersection, citing a witness who told the SIU the rider may have turned right on Islington Avenue instead of going straight.

“On the above record, when the CO's negligence is weighed against the mitigating factors, I am not satisfied on reasonable grounds that his conduct substantially deviated from a reasonable standard of driving,” he concluded.