The province's Special Investigations Unit has ruled there is no basis for criminal negligence charges against two York Regional Police officers in the Aug. 30, 2020 falling death of a man in Newmarket.
The officers had responded to a 911 call about an agitated man causing a disturbance at John's No Frills at the southeast corner of Yonge Street and Davis Drive at about 7 p.m.
When officers arrived at the 50 Davis plaza, the man was standing on a wall next to the cart corral and was threatening to harm to himself and officers, according to the SIU report released April 12.
Immediately to the east and south of the wall, the parking area drops off significantly to the street and mall property below. The distance from the top of this wall to the pavement below is 5.55 metres.
Several minutes later, the man jumped, doing a back flip, and fell about five metres to the ground. He was rushed to Southlake Regional Health Centre, where he was pronounced dead, the report states.
“On my assessment of the evidence, there are no reasonable grounds to believe that either officer committed a criminal offence in connection with the (man’s) death,” said SIU director Joseph Martino. “The offence that arises for consideration is criminal negligence causing death. The offence is predicated, in part, on behaviour that shows a wanton or reckless disregard for the lives and safety of others.
“I am satisfied that the officers comported themselves within the limits of the law in the eight to nine minutes that they spoke with the complainant.
“While it quickly became apparent that the complainant was of unsound mind and in mental distress, the officers were not simply free to walk away from the situation. Even though it was clear that their presence was further agitating the complainant, there remained legitimate concerns that he might do harm to himself or others left to his own devices.”
The SIU is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.
