A Saint John police officer will not face charges after a man was struck by a marked police vehicle.
The Serious Incident Response Team (SiRT) released the findings of its investigation on Tuesday.
An officer was on patrol on City Road during the early morning hours of Jan. 19 when a pedestrian “entered the path of the moving police vehicle and was struck,” said the report.
“The male was wearing dark clothing and was not in a marked crosswalk. Moments earlier, a truck had to swerve to avoid hitting the male.”
The victim, who police said was a 54-year-old man, suffered a traumatic brain injury, internal injuries and significant fractures of his right elbow, humerus, femur and knee.
RELATED: Man seriously injured after collision involving police car
Medical records indicate the man was under the influence of alcohol at the time of the collision, according to the report.
A witness who was with the victim at the time told investigators it was typical for him to stand in the middle of the road when he is intoxicated.
“He said he wanted to go to the drunk tank, and she believed he was trying to get arrested so he could be taken there,” said the report. “The [victim] was also telling [the witness] that he wanted to get hit by a car.”
Investigators said while the officer was speeding prior to the collision — they were travelling at 68 kilometres per hour in a 50 kilometre per hour zone — he did not conduct himself in a “reckless or imprudent manner.”
“When reviewing the entirety of the evidence, including the road conditions and the level of traffic, I cannot conclude the [officer’s] actions rises to a criminal standard for dangerous driving,” said the report.
“In consideration of all these factors the [officer] could not have expected an individual to be standing in his lane of traffic and a collision occurring.”
The report also noted that no offences under the Motor Vehicle Act were considered as the limitation period had expired.
SiRT is responsible for investigating all matters that involve death, serious injury, sexual assault and intimate partner violence or other matters of a public interest to be investigated that may have arisen from the actions of any police officer in New Brunswick.
