TORONTO, Sept. 19 /CNW/ - The Special Investigations Unit (SIU) has
concluded that there are no reasonable grounds to believe that officers of the
Windsor Police Service committed any criminal offence in connection with a
collision in which a 30-year-old motorcyclist was killed.
"I am satisfied, based on the totality of the evidence, that it was not
the actions of any of the involved officers that caused this collision," said
Director of the SIU, James Cornish. "I believe that the collision was caused
by the fact that the motorcyclist was speeding and driving while his ability
to do so was impaired by the consumption of alcohol."
On Sunday July 13, 2008, shortly before 2 a.m., two officers were in
their marked cruiser westbound on County Road No. 42 near the Windsor Airport
responding to a call about a male pedestrian running into traffic near Joy
Road when their vehicle was struck from behind by a motorcycle traveling at a
high rate of speed. The driver, Adam Muzyka of Windsor, was thrown 70 metres.
He was taken to hospital where he died of multiple chest and other internal
injuries. There was no connection between the collision and the initial call
to which police were responding.
The SIU investigation determined that the cruiser was struck violently
from behind; the force of the collision buckled the rear of the cruiser and
shattered the rear window.
Mr. Cornish added: "Just seconds before the collision, two civilians saw
the motorcycle speed past them, heading in the same direction as the police
cruiser. Estimates of speed range from 140 km/h to 200 km/h. It is clear,
based solely upon the degree of damage caused by the force of the collision,
that the motorcycle was traveling substantially faster than the cruiser at the
time the collision occurred."
During the investigation, the SIU interviewed four police officers and 11
civilian witnesses, and reviewed police communications recordings and mobile
data terminal transmissions. The SIU's Affected Persons Coordinator assisted
Mr. Muzyka's family in dealing with their loss.
The SIU is a civilian agency that investigates cases of serious injuries
(including allegations of sexual assault) and deaths involving the police.
Pursuant to section 113 of the Police Services Act, the Director of the SIU is
mandated to consider whether a criminal offence has been committed by an
officer(s) in connection with the incident under investigation and, where
warranted by the evidence, to cause a criminal charge or charges to be laid
against the officer(s). The Director reports the results of investigations to
the Attorney General.
For further information:
For further information: John Yoannou, SIU Communications/Service des
communications, UES, Telephone/No de telephone: (416) 622-2342 or/ou
1-800-787-8529; For general information about the SIU, please visit our
website at www.siu.on.ca