No criminal charges for OPP officer whose vehicle injured toddler

[Michael Jack]

The incident occurred in the driveway of a residence at Oxford Station in May.

The Ontario Provincial Police officer whose vehicle struck and injured a young boy in the driveway of her home has been cleared of criminal wrongdoing by a civilian police oversight agency.

In a report posted online Thursday evening, Special Investigations Unit director wrote that he had determined there were no reasonable grounds to believe that the officer had committed a criminal offence in connection with the collision.

The online report gave some details about the incident on the morning of May 9 at the officer’s home in Oxford Station, about 70 kilometres south of Ottawa.

According to the report, the OPP officer was repositioning vehicles in her driveway when she entered a Jeep Cherokee and drove it forward a short distance, travelling over a small bump before she stopped the car and observed the 15-month-old child on the ground.

The officer’s residence housed a daycare operated by her partner, the report said, and the boy was at the daycare that morning. He and other children had been in a play area near the driveway prior to the collision.

After first aid was rendered, the child was taken to hospital, where he was diagnosed with three skull fractures, the report said.

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[Michael Jack]

An Ontario Provincial Police officer has been cleared of any wrongdoing in an incident in Oxford Station on May 9.

In the ruling, released on Sept. 4, Special Investigations Unit (SIU) director Joseph Martino stated the organization found “no reasonable grounds” to believe the OPP officer committed a criminal offence after a 15-month-old boy was seriously injured in a collision involving her.

According to the SIU’s investigation, the officer was working from her home and dressed in civilian attire.

The officer’s spouse operated a daycare facility at their residence, and several young children were running about the property.

Around 12 p.m., the officer got into her personal vehicle, a Jeep, which was parked in the driveway. She drove forward at a slow speed and noticed her spouse running toward the vehicle. The officer applied her brakes and exited the Jeep.

She immediately noticed the 15-month-old boy lying next to the driver’s side of the vehicle.

The investigation indicated that the boy was first taken to Kemptville District Hospital and subsequently sent to the Children’s Hospital of Eastern Ontario in Ottawa. A CT scan was performed and showed the presence of three skull fractures.

In his decision, Martino stated: “Perhaps the officer ought to have exercised greater vigilance before moving the car. There were young children in the area, and it was incumbent on the officer to ensure they were free and clear as she operated the vehicle.”

That said, he noted, “there is evidence the officer had taken note of the fact that the children all appeared to be in the play area before she drove the Jeep forward.”

Martino added, “she had, moments prior, safely relocated another vehicle, she did not accelerate forward at unsafe speed, and she immediately reacted to the collision once it occurred.”

The director characterized the incident “as a momentary lapse in attention that did not amount to a marked departure from a reasonable standard of care, still less a marked and substantial one.”

The SIU is an independent government agency. It investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person.

All cases are conducted by SIU investigators who are civilians.

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