Calgary police apologize but defend decision not to charge admitted drunk driver who killed 2 pedestrians

The Calgary Police Service (CPS) has apologized to the families of two people killed in a crosswalk by a driver who confessed to police he'd been drinking and expressed concern he would go to jail for drunk driving. 

But in a statement released Friday morning, the service also says it stands by its decisions not to lay charges against the driver and for withdrawing professional conduct charges faced by the investigating officers.

Chris Turner, 25, and Edyta Wal, 23, died after being struck by a car as they crossed Macleod Trail in 2012.

Despite his admissions, the driver was never charged and the families have expressed deep frustration with the investigation. They also say there has not only been a lack of communication but they also feel they've been misled at various points in their dealings with CPS. 

• All charges related to fatal crash investigation dropped against Calgary officers but police won't say why

Officers' charges dropped

Last year, after a formal complaint was made to CPS by the Wal family, Chief Mark Neufeld sent three officers to a disciplinary hearing on Police Act charges of neglect of duty and discreditable conduct.

Those charges were withdrawn on Dec. 1, nearly a decade after Turner and Wal were killed.

Before the charges were dropped, police had cancelled a meeting where they planned to provide the victims' families with an explanation. 

Earlier this week, CPS met with the Turners and Wals to explain the decision to withdraw the officers' charges and made those reasons public on Friday.

The CPS statement explains why the charges faced by three officers were withdrawn earlier this year. 

Changes to Criminal Code 

In 2018, changes to the Criminal Code have been made allowing officers to test blood based on "suspicion" of alcohol or drug consumption. But before that year, officers had to have "reasonable grounds" the driver had committed a criminal offence.

At the scene, and again in an ambulance, the driver told a police officer he'd had 12 ounces of hard alcohol and expressed concern he would go to jail for drunk driving.

Although the investigating officers suspected the driver had consumed alcohol earlier that evening, his eye and facial injuries and resulting transport to the hospital prevented a roadside breath demand, said CPS.

According to CPS, the officers spoke with witnesses, looked for physical and cognitive impairment and smelled the driver's breath.

'There were things that could have been done better'

The officers were unable to form the required legal grounds to make a demand, according to the statement.

The Crown prosecutor's office also provided a written opinion at the time, which did not lead to charges.

"CPS believes this was the correct decision given insufficient evidence to form reasonable grounds to believe the driver was impaired," read the statement.

CPS said it had traffic and impaired driving experts review the case to determine whether two traffic officers had properly investigated and if the collision reconstruction report was complete.

"Although there were things that could have been done better, the investigation and reconstruction were deemed complete and in keeping with standards and processes applicable at the time," the statement continued.

Police acted as 'judge and jury that night'

But the Turner family said in a statement the CPS explanation doesn't hold water.

"The police acted as both the judge and jury that night; they were more concerned with a conviction rather than upholding the law," said the Turners in their written statement provided to CBC News.

"Their job is to uphold the law, not to decide who it should apply to."

Duane Hart, Chris Turner's uncle, called the CPS statement "lip service."

Hart said the service has done more "to protect their own members and self-interest than keeping a self-admitted drunk driver who has killed two innocent citizens off the streets."

'We apologize'

Despite standing by its 2012 investigative decisions, CPS acknowledged it should have given the families more complete and timely information throughout the investigations.

CPS says it took "too long" to get to this point and acknowledged it "prolonged the anguish" for the families.

The service says it has made changes to how it communicates with and supports victims' loved ones in similar situations.

"The families' grief and suffering are unimaginable," reads the release. "That our service contributed to their pain is unacceptable and contrary to our core values, especially compassion.

"We apologize."