A York Regional Police officer will not be criminally charged for his role in a cyclist's death in King City last July, the province's Special Investigation Unit (SIU) reported today.
On July 24, 2020, the 54-year-old Richmond Hill cyclist, Daniel Bertini was struck and fatally wounded by a car that had "been briefly pursued" by the officer conducting radar speed enforcement at the time.
SIU director Joseph Martino concluded there are no reasonable grounds to believe the officer committed a criminal offence related to the death.
According to evidence, the 20-year-old driver of a Honda Accord was recorded around 7:10 a.m. speeding southbound at 125 km/h in a posted 60 km/h zone on Keele Street, near 16th Sideroad.
The officer had abandoned the pursuit before the Honda veered into the northbound lanes and struck the victim near Keele Street and Cavell Avenue.
"In the circumstances, the (officer) was within his rights to initiate a pursuit for a serious traffic infraction," Martino said in his report. "The evidence indicates he did so safely, activating his emergency lights as the Honda approached his location and performing a U-turn to travel south on Keele Street.
"There is no suggestion on this record that the (officer) unduly fuelled the Honda driver’s reckless driving or otherwise prevented the driver from slowing the vehicle and adopting a safer course.
"Tragically, the Honda continued at speed, striking and killing Mr. Bertini, whose only fault was being in the wrong place at the wrong time."
The Toronto driver of the car who struck Bertini was charged with failure to stop causing death, and dangerous driving causing death.
As mandated when an injury or death occurs involving police, the SIU was called in to investigate whether the officer bore any criminal responsibility for what happened.
Following Bertini's death, a science scholarship fund was created in his honour at Saint Joan of Arc Catholic High School in Maple where he was a teacher.
