Halton Region cops who failed to breathalyze drunk driver before crash that killed 3 people won’t face charges: SIU

Halton Regional Police are investigating after a fatal collision in Milton that happened Saturday, March 30, 2024 and left three people dead. (Andrew Collins / CP24)

Ontario’s police watchdog says two Halton police officers won’t face criminal charges after they stopped — but failed to breathalyze — an 18-year-old drunk driver before he caused a fiery crash that killed him and two others.

In a report released this week, the director of the province’s Special Investigations Unit said there is “no basis” to lay criminal charges in connection with the crash that occurred on March 30, 2024, but which was reported to the SIU months later.

The first interaction with police

At 1:30 a.m. that morning, police were called by a citizen to a McDonald’s at 600 Santa Maria Boulevard in Milton about a “really drunk guy in the drive-through.”

In a transcription of the call recorded by Halton police, the caller, who police described as being “anxious and very concerned” is heard saying: “He’s out of the car… He’s throwing up… He comes out wobbling… He’s getting out of the car, wobbling around and then getting back in the car and now he’s vomiting… He’s fully drunk.” A 16-year-old girl was also in the car.

At 1:35 a.m., two officers arrived separately at the scene and located the driver in a black Infiniti. The report states that one officer, who was not identified but is referred to in the report as one of two subject officers (SO), interacted with the driver, while the other remained at a distance.

“SO #1 spoke to Complainant #1 (the driver) at length and determined that no grounds existed for a charge of impaired driving. No examination was conducted nor was a device used to determine sobriety,” the report said. It also noted that the subject officer had the driver step out of his car, but she did not smell alcohol coming from him or detect other signs of impairment. He was observed by the officer to be steady on his feet and did not slur his words.

Video from the scene was later obtained from the McDonald’s which “potentially” showed the driver “stumbling” and or “under the influence of alcohol/drugs.”

At 1:52 a.m. the driver was allowed to leave.

Police stop driver a second time

Just over a half-an-hour later, at 2:23 a.m., the driver was stopped again near Derry Road and Holly Avenue in Milton after he was observed by two other officers “weaving in and out of lanes.”

The driver, who was not identified, provided his licence to the second subject officer but had “difficulty identifying and providing his proof of ownership.”

The second officer and their partner, identified as a witness officer, returned to the cruiser to discuss the situation. Neither one said they smelled alcohol coming from the vehicle.

The officers were aware of the earlier incident at the McDonald’s. The second subject officer called the first subject officer to ask about that stop and inquire into if they had discerned any signs of impairment. The first subject officer later attended the scene to meet the two officers during the second stop.

The second subject officer spoke to the driver’s passenger, who explained he was driving erratically as he had been “trying to frighten her as a joke.”

“SO #2 advised Complainant #1 (the driver) he could either park his car at a nearby plaza or receive a careless driving ticket and be on his way. Complainant #1 opted for the ticket. The officer returned to his cruiser to prepare the paperwork.”

At 2:50 a.m., the traffic stop ended, and the driver was allowed to drive away. There was no examination nor was a device used to determine sobriety.

The crash

Halton police started to receive 911 calls at 3:19 a.m. regarding a two-vehicle crash near Derry Road and Sixth Line in Milton.

The investigation revealed that the driver who had been previously stopped by police had crashed into a vehicle that had stopped at a red light, and both vehicles burst into flames. He was travelling at a speed of between 140 and 154 km/h at the time of impact.

The driver of the Infiniti, his 16-year-old passenger, and the driver of the car that was stopped all died at the scene.

A sample of the Infiniti driver’s blood was collected to determine sobriety. It was found he had a blood alcohol concentration (BAC) of 225mg/100ml. In Ontario, the legal BAC limit is 80 mg/100 ml. However, drivers under the age of 21 cannot have any alcohol in their system.

No criminal charges, but ‘possible misconduct’

In delivering his decision, SIU Direction Joseph Marino said that because 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.”

“Mere errors of judgment or mistakes are insufficient to make out liability. In the final analysis, when the officers’ indiscretions regarding the second stop are weighed in the balance with the extenuating considerations referenced above, 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 wrote.

However, Marino did say there is evidence that the two subject officers, both of whom declined to be interviewed for the investigation as is their legal right, “committed possible misconduct.”

“I will be referring these matters to the Chief of Police for review by the police service. Consistent with the SIU’s legal obligation under section 35.1 of the Special Investigations Unit Act, 2019, I will also be referring these matters to the Law Enforcement Complaints Agency.”