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REPORT RAPPORT |
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DATE:
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20 July 2010 |
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TO:DEST
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Executive Director, Ottawa Police Services Board |
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FROM/EXP:
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Chief of Police, Ottawa Police Service |
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SUBJECT/OBJET: |
REPORT ON S.I.U. INVESTIGATION – MURDER / SUICIDE- JANUARY 2010
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RECOMMENDATION
That the Ottawa Police Services Board receive this report for information.
BACKGROUND
In the early morning hours of January 2010, an individual called City of Ottawa Bylaw Services (311) to report an ongoing noise complaint at a neighbouring residence. The call was transferred to the Ottawa Police Service Call Centre based on the information provided. After being transferred to the OPS Call Centre, the caller added that there was an ongoing fight between a male and female.
The complaint was dispatched as a disturbance in progress and five Ottawa police officers attended. The address they were sent to is a three-story multi-tenant building located in the urban area of the city. Upon the officers’ arrival at the residence, everything seemed to be quiet. Two officers met with the complainant and confirmed the information that had been provided to dispatch. The officers walked around the building shining their flashlights inside and attempted to determine if there was a disturbance in progress.
None of the officers at the scene heard any sounds of any disturbance in progress nor were they able to gain entry into the building. While on scene, one officer climbed onto the second floor fire escape and saw a male through a second story window. The officer was unsure if this male was involved in the alleged disturbance or if he was an occupant of the building. After identifying himself as the police, the officer asked the man to open the door. The man then turned and walked out of sight without acknowledging the request.
The officers spoke with the complainant again and advised that they were unable to hear anything and requested to be called back if the disturbance resumed. None of the officers in attendance felt they had sufficient grounds to force an entry into the residence because everything seemed to be quiet.
A number of days later, after being unable to establish contact with one of the occupants, friends went to the residence. On attendance, one of the friends discovered a prone body on the floor and called the police. Ottawa police officers and other emergency services forced an entry into the residence and found two deceased individuals; a female and a male.
The S.I.U was contacted and invoked their mandate.
INVESTIGATION
Special Investigations Unit (S.I.U) Investigation
On February 23, 2010, the Director of the S.I.U advised Chief White that their investigation was now complete and that no further action would be taken. S.I.U. Director Ian Scott stated in his correspondence:
“The investigation by this Unit has been completed the file has been closed and no further action is contemplated. In my view, there are no reasonable grounds to believe that the named subject officer…committed a criminal offence in relation to acts or omissions when dispatched to a ‘disturbance in progress’ at 446 Cambridge Street in the early morning of January 7, 2010. The subject officer and four other officers responded to the dispatch, made inquiries, and left the scene without entering the apartment or speaking to its two occupants…On January 16, 2010 the OPS was called back to the same apartment and discovered their two dead bodies…
…the focus of the SIU inquiry was whether the omission of the subject officer on January 7th, when he attended a noise complaint and made no attempt to gain a forced entry into the apartment, was of a marked and substantial departure from that of a reasonably prudent person in those circumstances and whether that omission caused the death [of the female]. If so, there could be reasonable grounds to lay a charge of criminal negligence causing death…
...I am of the view that the subject officer’s omission was not of such a marked and substantial departure from that of a reasonable prudent person in these circumstances…”
Professional Standards Section (P.S.S) Investigation
Pursuant to section 11 of Regulation 673/98 of the Police Services Act, an investigation was conducted by P.S.S to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate.
The results of this P.S.S investigation are as follows,
Conduct: No misconduct was identified.
Policies: All policies were adhered to.
Service: No service issues were identified.
CONCLUSION
The actions on the part of officers who attended at the call were in accordance with policy, procedures and the training that they have received. A police officer may only force an entry into a residence without a warrant if the officer believes, on reasonable grounds, that there are exigent circumstances and it is necessary to do so for the safety of an individual. In this case, none of the five attending officers formed the requisite grounds to make an entry into the dwelling of the deceased.
No further action will be taken on this matter.
(original signed by)
Vern White
Chief of Police