2 Halton cops won't be charged for failing to give breathalyzer to drunk driver who caused fatal Milton crash
CBC
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, 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."
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.
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