The province’s police watchdog says there are no reasonable grounds to believe a Waterloo regional police officer committed a crime when his cruiser collided with a man on a bike during an arrest, resulting in serious injuries.

According to a report from the Special Investigations Unit (SIU), on December 19, 2022, at 1:35 a.m., Waterloo Regional Police Service (WRPS) officers responded to a Kitchener business for a theft in progress.

The report says two people were stealing construction supplies, and one of the suspects left the property on a bicycle.

After receiving the call, a WRPS officer was responding in their vehicle when he made a right turn onto Andrew Street and collided with the cyclist.

The man was arrested and transported to Grand River Hospital (GRH) where he was diagnosed with no fractures or internal injuries and released back into the custody of police, the report says.

The man was later released from police custody and proceeded to return to GRH after complaining of chest pain. He was turned away, the report states.

According to the report, the man then went to Cambridge Memorial Hospital where he was treated and diagnosed with five fractured ribs, a collapsed lung and internal bleeding.

Once in hospital, the 30-year-old man underwent surgery.

Joseph Martino, director of the SIU said in the report, he believes the officer was travelling at a low rate of speed, estimating around 10 km/h, and was unable to avoid a collision due to slippery road conditions.

The officer declined to be interviewed to turn over his notes about the incident, as is his right.

“I am not satisfied his failure was the result of criminal negligence or dangerous driving,” the report reads. “He had only just turned onto King Street West and travelled no more than about 30 metres before the collision occurred, affording the officer little, if any, time in which he might have considered his options and adopted a different one.

The report says after the collision, the cruiser went on to mount a curb and came to a skidding stop beside the front entrance of a Tim Hortons restaurant. The man and his bike had been pulled under the cruiser.

A witness approached the cruiser and helped free the man from underneath the vehicle.

The SIU examined the cruiser and did not note any signs of obvious damage. Noted on the front left fender above the wheel area of the cruiser were several small scuff or rub marks running parallel to the ground.

Martino said there is no basis for proceeding with criminal charges in this case.