The province's Special Investigations Unit (SIU) has determined no criminal charges are warranted against Barrie police after a woman suffered a broken hand earlier this year when the vehicle she was in slammed into a Mary Street building.
The SIU designated one subject officer and two witness officers. All three were interviewed by the SIU.
At about 12:40 a.m. on May 18, 2019, two Barrie police officers were on patrol in a marked cruiser when they noticed a black pickup truck on Mary Street that matched the description of a vehicle that had been reported stolen.
The truck pulled into the Hope City Church parking lot. The officers attempted to block the vehicle in, exited the cruiser, walked toward the vehicle and advised the 31-year-old woman driver she was under arrest.
The driver accelerated forward for about 15 metres, striking the wall and front entrance of a church.
After a brief struggle with police, the woman was taken into custody.
She complained of a sore hand and was taken to the Royal Victoria Regional Health Centre (RVH) where she was diagnosed with a fractured right thumb.
Barrie police contacted the SIU at 2:30 a.m., to report the woman's injury.
SIU investigators secured a copy of surveillance footage which had been obtained by Barrie police from the premises at 36 Mary St., a video which was also obtained by BarrieToday.
The complete video shows a black GMC pickup pulling into the parking lot with its lights turned off. It faced south and was obscured from the recording with the exception of the driver’s side hood.
A marked police cruiser pulls into the parking lot with the exterior spotlight pointed at the truck. The cruiser pulls up to the front of the pickup and parked facing west with the hood angled toward the truck's driver’s side hood.
The subject officer and a witness officer exit the cruiser and approach the vehicle, at which point its lights turn on.
One of the officers removes his baton and appears to strike the truck's driver's side window in what he told the SIU was an attempt to remove the driver from the vehicle.
"The pickup accelerated forward at a high rate of speed and struck a cement wall with the passenger side and continued, crashing the front passenger side into the front door and window of the Hope City Church building," according to the SIU report.
The vehicle "narrowly missing the front end of the police cruiser."
Both officers ran toward the vehicle, which had stopped. The driver’s window was broken and the airbag had been deployed.
The driver’s door opened and the woman exited without assistance.
"The (subject officer) grabbed her right wrist and (the witness officer) grabbed her left wrist," the SIU report says. "Together, the police officers guided her onto her knees and then onto her stomach. The (subject officer) knelt on the right mid-back of the (woman) and (the witness officer) knelt on her left mid-back area.
"She was handcuffed with her hands behind her back and did not appear to resist in any way."
The subject officer stood up and held the woman's right hand/wrist area with his left hand and her upper arm with his right hand. The other officer held her left armpit area. Together, they lifted her up to a standing position. She was escorted by the officers to the back of the cruiser.
Another marked cruiser pulled into the parking lot and another officer searched the woman. She was escorted to the back passenger side of the cruiser and sat in the back seat without assistance.
An ambulance was summoned to the scene and the woman was transported to Barrie hospital where she was diagnosed with a fracture on her right hand.
City police also canvassed the area for witnesses and took statement from three civilian witnesses as part of the investigation.
The woman was interviewed by SIU and she consented to the release of medical information about the case.
SIU interim director Joseph Martino determined there are no reasonable grounds to lay criminal charges in relation to the woman's injuries.
"Observing a vehicle that matched one that had been reported stolen and recognizing the (woman) in the driver’s seat as the person who was reported to have stolen it, the (officers) were in the lawful discharge of their duty when they sought to arrest the complainant," Martino said in his ruling.
"Regrettably, the complainant attempted to evade apprehension and drove the pickup truck into the hard wall and doorway of a nearby building," he added.
Martino said he's satisfied the officer "acted reasonably in his efforts" to remove the driver by smashing the window and using "moderate force" as the woman was placed in custody.
The hand fracture "most likely" occurred during the crash and not during the arrest, Martino said.
According to a story published by BarrieToday later that day, the crash caused significant damage to the building. Church officials also provided BarrieToday with surveillance video of the incident.
The woman was charged with possession of stolen property over $5,000, dangerous operation of a vehicle, possession of a Schedule 1 substance under the Controlled Drugs and Substances Act (CDSA), impaired operation of a motor vehicle, and three counts of breach probation.
The church building was under renovation at the time to become a standalone counselling and treatment centre. The incident was considered a "minor setback" for the facility.
The SIU investigates the police in cases where there has been a death, serious injury or allegations of sexual assault.
