No charge against Hamilton police officer for motorcycle pursuit

Ontario's police watchdog has cleared a Hamilton police officer of wrongdoing after a pursuit of a motorcyclist that ended with a crash on a residential street near the Centre on Barton last fall.

The officer pushed the limits and perhaps even violated ... the provincial regulation that governs police pursuits," concluded Special Investigations Unit director Joseph Martino. However, on balance," he found the officer's shortcomings" did not rise to the level of criminal charges.

The 30-year-old motorcycle rider suffered a fractured right little finger when he lost control of the motorcycle while being pursued on Craigmiller Avenue around 12:46 p.m. on Oct. 12, 2020, according to the SIU report released Friday. He struck a fence, then a car, before running away. He was arrested in a backyard.

The incident began with a different crash on Hope Avenue around 12:38 p.m. Police were told a woman had taken her boyfriend's motorcycle and hit a car, then the man jumped on and fled. Soon after, a patrol officer noticed a man riding a motorcycle that matched the description.

The officer followed him onto Ottawa Street North, then Dalhousie Avenue, where the officer activated his emergency lights, the SIU said. The motorcyclist refused to stop and turned onto Rosslyn Avenue North. The police officer sped ahead to create a roadblock, but the motorcyclist avoided it by turning onto Craigmiller, where he lost control and crashed.

Martino said police had the licence plate of the motorcycle, which meant he should have called off the pursuit in this case. He noted that motorcyclists are more vulnerable than other drivers. Martino also found the roadblock manoeuvre to be risky tactic" and ill advised."

However, on the other side the officer kept lights and sirens on the whole time, giving others in the area warning of the pursuit. Martino also noted that the police vehicle's speeds were fairly moderate.

In the final analysis, when the pros and cons of the (subject officer's) conduct are weighed in the balance, I am not persuaded with any degree of confidence that the officer's shortcomings were such as to render his driving a marked departure from a reasonable level of care in the circumstances," Martino concluded.

Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com