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Charges considered for Vancouver police involved in crash with cyclist

Officers cleared in separate investigation where female injured in fall from building
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The B.C. Prosecution Service will consider charges against Vancouver police related to a crash involving a cyclist. Photo Dan Toulgoet

The province’s police watchdog has filed a report with the B.C. Prosecution Service to consider charges against Vancouver police after a female cyclist was injured last May in a collision with a police vehicle.

The collision occurred May 18, 2018 at the intersection of West 46th Avenue and Oak Street. Paramedics took the cyclist to hospital with what was originally believed to be minor injuries.

The Independent Investigations Office (IIO) received notification May 1, 2019 from the Office of the Police Complaint Commissioner of B.C. that “further information received indicated the injury constituted serious harm,” according to a news release issued May 9 by the IIO.

The release didn’t say how many officers were in the police vehicle, whether the vehicle was marked, or whether emergency lights were activated. No detail was provided on the cyclist’s injuries, or age given.

“In approving charges, the B.C. Prosecution Service must be satisfied there is a substantial likelihood of conviction based on the evidence gathered by the IIO and that the prosecution is required in the public interest,” the release said.

“As the matter is currently with the Crown, the IIO will not be making any additional comment about the facts of the case at this time.”

The IIO, meanwhile, has cleared Vancouver police officers in a case from Jan. 22 where a female was found lying on the ground with serious injuries a few floors below an open window to the building she lived in.

Police attended the building to arrest the tenant in relation to an investigation. When no one answered the door to her home, officers left to obtain a warrant. A few hours later, they returned and entered the residence after animal control officers secured the tenant’s dogs, an IIO report released May 10 said.

The report did not provide the location of the building or age of the tenant.

“The residence was empty and the window was open,” the report said. “Officers found [the tenant] lying on the ground a few floors below. Police stated [the tenant] suffered serious injuries which required surgery.”

One of the officers noticed the tenant outside of a window on a ledge.

She later told investigators that she was aware police were at her door but didn’t want to be arrested. She said she had no interaction with officers, the report said.

“[The tenant] told the IIO that although she was on the fourth floor of the building, she made a decision to climb out of the window to the floor below,” the report said. “While doing so, [she] told the IIO she slipped and fell. She said she woke up and paramedics were attending to her.”

The report concluded there was a sufficient connection between the actions of the officers and the injuries suffered by the tenant to give the IIO jurisdiction to investigate.

But, the report continued, “it cannot be said that any improper or illegal act on the part of the officers was the cause of those injuries. The officers acted appropriately by seeking a warrant prior to the entry of the [the female’s] residence. The evidence collected does not provide grounds to consider any charges against any officer.”

mhowell@vancourier.com

@Howellings