Ontario’s police watchdog has cleared a Toronto police officer of wrongdoing in connection with a New Year’s Day collision in Toronto that left one person dead and five others injured.

Around 11:30 a.m. on Jan. 1, 2021, a Toronto police officer conducting radar in the area of Wilson Avenue and Keele Street observed a Mercedes-Benz driving erratically.

According to the Special Investigations Unit—an arm’s length agency that investigates incidents of death, injury or sexual assault involving police—the driver of the Mercedes-Benz was travelling around 86 km/hr in a 50km/hr zone.

The officer pursued the vehicle in an attempt to get the driver to pull over. However, the SIU said the officer soon discontinued his pursuit as the Mercedes-Benz picked up speed. The officer was unable to identify the driver and managed only to get a partial license plate.

The officer then pulled over to the side of the road and “radioed that he was returning to the station to file a ‘Fail to Stop’ report,” the SIU indicated in their report released Wednesday.

The report found that the Mercedes-Benz continued to travel through a red light at a speed of 158 km/hr, striking the side of a Honda CRV travelling westbound. The Honda spun out of control, eventually resting in the northbound lanes of Keele Street with “heavy damage.”

Downsview crash

The Mercedes-Benz, which also spun upon impact, struck a second vehicle before flipping onto its roof and bursting into flames.

The driver of the Mercedes Benz, identified as a 23-year-old man, was taken to the hospital with serious injuries.

A 67-year-old woman in the Honda was rushed to the hospital with fractures and a head injury. She was pronounced dead on Jan. 30 at Sunnybrook Hospital.

Four occupants of the third vehicle were also taken to hospital, but their injuries were not considered serious.

In his report, Director of the SIU Joseph Martino said that he is “satisfied that the officer conducted himself with due regard for the health and safety of the public.”

“The SO (subject officer) was in the lawful discharge of his duty as he pulled onto Keele Street intending to stop the operator of the Mercedes Benz for a speeding infraction. He had clocked the Mercedes Benz traveling at 86 km/h, well over the 50 km/h speed limit,” the report reads.

“In keeping with the dictates of the pursuit regulation, the SO, wisely in my view, stopped all efforts to catch up to the Mercedes Benz when the balance of public safety considerations had clearly become prohibitive.”

Renato Horvath, 23, of Toronto, was charged with criminal negligence causing death, dangerous operation of a conveyance and flight while pursued by peace officer in connection with the collision.