Ottawa cop not negligent: SIU
CBC News | Posted: February 24, 2010 10:08 PM | Last Updated: February 24, 2010
The Special Investigations Unit (SIU) has determined that an Ottawa police officer was not criminally negligent in the apparent murder-suicide of two residents in January.
Police found the bodies of Ashley Boudreau, 24, and Andrew Ferguson, 33, in a subdivided house at 446 Cambridge St. S., just south of Highway 417 and west of Bronson Avenue, on Jan. 16.
Boudreau's aunt said the two were in a relationship and had been having difficulties. Police said the autopsies and investigation indicates Ferguson killed Boudreau before committing suicide.
The SIU became involved after a chief's complaint. Police had responded to a domestic disturbance call at the same house nine days earlier.
Police had knocked on the doors to no avail. One officer went to the back of the house, climbed up the fire escape, and actually saw Ferguson through a window, the SIU said in a statement released Wednesday. The officer identified himself to Ferguson but was ignored.
Meanwhile, the police officer, who would later become the subject of the SIU's investigation, was told by the neighbour that the couple had been arguing and fighting.
The officers tried the front door again, but after failing to hear any sounds from the home, left the scene.
The SIU needed to determine whether the police officer who listened to the neighbour's details had enough reasonable grounds to force entry into the home.
Circumstances that justify forceful entry include: hearing cries for help, seeing weapons, or hearing an eye-witness account that a crime has occurred and the victim is still in the home, according to the SIU.
"On the totality of the evidence, I am satisfied that the subject officer's failure to force entry in these circumstances did not amount to a marked and substantial departure from the level of care that a reasonable person would have exercised," said Ian Scott, the SIU's director.
"With the power of hindsight, one could say that Ms. Boudreau's life might have been saved by the officers taking a more proactive step of forcing entry into the residence, but even this statement is debatable. We do not know what the result would have been if the officers had spoken to Ms. Boudreau or Mr. Ferguson when initially called to the apartment … In my view, it is setting the bar too high to conclude a charge of criminal negligence causing death is warranted because an officer did not gain forced entry into a residence in these circumstances."
Scott also said the investigation found that the police officer in question did not fail to provide the necessaries of life, another offence under the Criminal Code that may have applied to the case.