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2 Durham police officers charged in fatal Hwy. 401 wrong-way crash: SIU

Two Durham police officers have been charged in connection with a multi-vehicle collision last spring that killed four people, including two grandparents and their infant grandchild, following a police chase of a suspect driving the wrong way on Canada’s busiest highway, Ontario’s police watchdog says. 

Sgt. Richard Flynn and Const. Brandon Hamilton have been charged with three counts each of criminal negligence causing death and two counts each of criminal negligence causing bodily harm, the Special Investigations Unit said in a news release Friday.

Both officers are required to appear before the Ontario Court of Justice in Oshawa on Feb. 13.

WATCH | What we know about the van involved in the deadly crash: 

‘No justification’ for wrong-way highway police chase, expert says

9 months ago

Duration 2:05

Experts are questioning the police’s decision to pursue an alleged robbery suspect who drove the wrong way down Canada’s busiest highway, resulting in a deadly crash.

The SIU says it is not providing further comment on the investigation as the matter is before the courts.

Durham Regional Police Chief Peter Moreira told reporters Friday afternoon that both officers had been suspended with pay, following the SIU charges. He said the officers would be assigned to administrative duties “if and when” they are reinstated.

The Durham Regional Police Service is now required by law to oversee an internal investigation of the conduct of DRPS members involved in the incident and an examination of police internal procedures, he said.

Moreira said he respected the SIU’s process and would now leave it to the justice system to determine whether the officers are criminally responsible for their actions during the police pursuit.

“We must guard against arriving at conclusions before all the evidence has been presented,” he said. “We owe this not just to the family of the deceased, but also to the officers who are involved.”

WATCH | Durham police chief addresses media after 2 officers charged with negligence: 

Fatal Hwy. 401 wrong-way crash was ‘tragic, catastrophic event,’ police say

59 minutes ago

Duration 1:57

Durham police say they have charged two officers in connection to a fatal multi-vehicle collision along Highway 401 last April. Speaking to media on Friday, Durham Regional Police Chief Peter Moreira says the incident has “profoundly” impacted the community.

Moreira said he has reached out to the family of the grandparents and infant child who died in the collision to further express his condolences.

“Regardless of the results of the SIU investigation, this was a tragic and catastrophic event that resulted in the death of innocent lives, devastated the family and has profoundly impacted our community,” he said.

A high-speed pursuit into oncoming traffic

The charges stem from the crash on April 29, 2024 in Whitby, Ont., in which police officers chose to pursue a liquor store robbery suspect driving the wrong way on Highway 401.

Two grandparents, visiting from India, and their infant grandchild were among the four people killed. The parents of the child were injured in the collision, but survived.

The 21-year-old driver of the cargo van police were pursuing also died in the collision. The passenger of the van, Manpreet Gill, was not charged in connection with the deaths, but pleaded guilty to three separate charges last month, including theft under $5,000.

The SIU said last year its investigation focused on two police officers and whether it was necessary for Durham police to pursue the cargo van as it drove the wrong way down the busy highway.

In June, the SIU provided an update saying the two officers under investigation had not agreed to be interviewed or to provide their duty notes, as is allowed under Ontario’s Police Services Act.  

In August, the watchdog, which is required to complete investigations within 120 days, decided to extend its investigation, citing the large volume of evidence being reviewed.

The SIU is an independent government agency that investigates the conduct of police officers that may have resulted in death, injury or the discharge of a firearm, or led to allegations of sexual assault.

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