No charges to be laid against Alta. Mountie who put others at 'unnecessary risk' during pursuit that preceded fatal crash: ASIRT

An Edmonton man is dead and police are searching for the driver involved in a Grande Prairie hit-and-run. (William Vavrek)

Alberta’s police watchdog has concluded its investigation into a 2018 crash that saw a bystander killed after a police pursuit.

On Oct. 29, a Grande Prairie RCMP officer monitoring traffic began to pursue a Ford F-350 pickup truck around 10:25 p.m. after noting its driver was speeding 84 km/h in a 60 km/h zone.

At one point, the Alberta Serious Incident Response Team notes in its report released Friday, the officer turned off all the lights on his vehicle and reached speeds of 193 km/h within city limits while trying to catch up to the pickup.

ASIRT was told after the officer turned on the emergency lights, the truck driver slammed on the brakes, forcing the officer to take evasive action and drive into the oncoming traffic lane.

Eventually the officer stopped the pursuit, and the truck continued to drive at speeds up to 126 km/h, according to ASIRT.

Approximately four minutes later and four kilometres from where the Mountie stopped chasing the truck, the driver of the truck ran a red light, striking the driver’s side of a Volkswagen.

The 26-year-old Edmonton man driving the Volkswagen was taken to hospital, where he died of his injuries. He was the only person in the Volkswagen.

The driver of the pickup ran away from the scene.

At that time police learned the truck had been stolen from Grande Prairie two weeks earlier.

On Dec. 5, Terris Truax, 37, was charged with one count each of dangerous driving causing death, failure to remain at the scene of an accident involving death, flight from a peace officer and two counts of possession of property obtained by crime.

He was found guilty of dangerous driving causing death and failure to remain at the scene of an accident in 2019. He also received a 10 year licence suspension. 

ASIRT REPORT

ASIRT noted that the officer breached RCMP policy by pursuing when there was no pursuable offence, failing to have all emergency equipment and headlights activated during a pursuit, and failing to notify dispatch or his supervisors that he was involved in a pursuit.

“The pursuit was initiated due to speeding and other traffic offences. These minor offences

were not a sufficient justification for the danger created by this situation,” the report reads. “The driving of the SO (subject officer) at this point in time, when coupled with his decision to turn off all of his lights and not activate his siren, put him and other users of the highway at an unnecessary risk of injury."

However, ASIRT sought the Alberta Crown Prosecution Service's (ACPS) opinion on whether charges should be laid against the Mountie for driving offences, as required by the Police Act.

On Oct. 21, 2021, the APCS recommended that no charges be laid against the officer.

In its final report released on Friday, ASIRT concluded that while the officer’s driving put others at risk, charges would not be laid under the Criminal Code.

Given the officer had stopped chasing the truck driver a "significant enough" time and distance away from the scene of the fatal crash, ASIRT ruled "it cannot be said that the SO caused or contributed to the death that resulted from the collision. That responsibility rests solely with CW [civilian witness, or the driver of the truck]."