SIU clears Durham police after Peterborough man dies while fleeing during Hwy. 115 traffic stop

The province’s Special Investigations Unit says it won’t be laying any criminal charges against a Durham region police officer after a man died during a traffic stop on Highway 115, south of Orono, last January.

In its report, the SIU say on Jan. 17, 2017, Durham police were investigating a vehicle that was believed to be involved in a theft at a Home Depot in Oshawa earlier in the day.

When police pulled the vehicle over, north of the Taunton Road exit, the SIU says the passenger got out and fled into a ditch as the driver was being arrested.

The SIU says an officer gave chase and attempted to first stop the man with his conducted energy weapon (CEW).

“But the CEW probes did not penetrate the complainant’s winter coat and had no effect,” wrote director Tony Loparco.

The SIU says the man then ran west across the two northbound lanes of Highway 35/115 and jumped over the concrete median in the centre of the highway and ran into the southbound lanes where he was struck by a pickup truck.

He was pronounced dead at the scene.

The victim was identified as Kevin McEachern, 35, of Peterborough. The SIU released his identity after consultation with the family.

The driver — Michael Jolly, 26, of Peterborough, was charged with theft under $5,000, possession of property obtained by crime and driving a motor vehicle while suspended.

Loparco concluded that there was never any direct contact — either physical or verbal — between the complainant and the officer.

“The complainant consciously made the decision to flee from police; and that in doing so, he ran into a live lane of traffic and was struck and killed by a passing motorist,” stated Loparco.

“As there is no evidence that the SO (officer) in any way caused the death of the complainant, there is no causal connection between the complainant’s death and the actions of the SO and therefore no basis for the laying of charges.

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“Although it is true that had the SO not stopped the Honda in order to follow up on information that he had received that the occupants of this motor vehicle were responsible for a criminal offence, the complainant may not have run and ultimately been killed, the police cannot be held accountable for the actions taken by persons who wish to evade them.”

The SIU, an independent enforcement agency that investigates incidents involving police that have resulted in death, serious injury or alleged sexual assault, had seven investigators assigned to review the incident.