Two officers charged in fatal wrong-way pursuit on Highway 401, Ontario watchdog says

Ontario’s police watchdog has revealed that two officers have been charged in connection with a fatal wrong-way pursuit that transpired on Highway 401 last spring. The Special Investigations Unit (SIU) announced on Friday that Durham Regional Police officers Sgt. Richard Flynn and Const. Brandon Hamilton have each been charged with three counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm.

This announcement comes over eight months after a tragic multi-vehicle accident occurred on April 29, 2024, in Whitby, Ontario. According to the SIU, several officers from Durham were involved in the pursuit of a cargo van that had been flagged as a vehicle of interest in an alleged robbery at a liquor store in Clarington, Ontario. SIU spokesperson Monica Hudon stated that the officers tracked the U-Haul cargo van as it navigated through various streets in Durham Region while driving erratically.

The vehicle entered Highway 401 at Stevenson Road in Oshawa traveling in the incorrect direction, proceeding westbound in the eastbound lanes. Shortly thereafter, Hudon reported a multi-vehicle collision involving at least six vehicles on Highway 401, just east of Highway 412 in Whitby. This tragic incident resulted in the fatalities of a three-month-old infant, along with the child’s 55-year-old grandmother and 60-year-old grandfather.

Additionally, two other family members in the vehicle sustained injuries. The driver of the van, who also perished in the accident, was identified as a 21-year-old man, while a 38-year-old male passenger sustained serious injuries.

Although the Special Investigations Unit (SIU) is mandated to conclude its investigations into police actions within 120 days, the agency indicated in August that it required additional time to conduct a comprehensive inquiry. The SIU noted that two officers involved in the pursuit opted not to participate in an interview or provide their duty notes, exercising their legal rights. A total of nineteen official witnesses and thirty-six civilian witnesses have been designated in this case.

Durham Regional Police Chief Peter Moreira stated his intention to “respect the process” and to carry out his own internal investigation as well.

He emphasized that, irrespective of the findings from the SIU investigation, this incident was a tragic and catastrophic occurrence that led to the loss of innocent lives, devastated a family, and significantly affected the community. This statement was made during a press conference held on short notice on Friday. Moreira confirmed that the two officers involved have been placed on paid suspension and will be assigned to administrative roles “if and when they are reinstated.”

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