SIU Finds No Criminal Grounds for Halton Officers in Milton Triple Fatal Crash
Ontario's Special Investigations Unit (SIU) has concluded that there are no reasonable grounds to charge two Halton Regional Police officers criminally in connection with a tragic drunk driving crash that claimed three lives in Milton nearly two years ago. However, the watchdog's report highlights potential misconduct by the officers for failing to remove the intoxicated driver from the roadway before the fatal collision.
Details of the Fatal Incident
The crash occurred on March 30, 2024, when 18-year-old Jaydon Burger, driving an Infinity G35, slammed into the back of a Honda stopped at an intersection on Derry Rd. at Sixth Line in Milton. The impact caused the Honda to burst into flames, killing its driver, Mousawar Ahmed, 26. Burger and his 16-year-old girlfriend, Emma Amminson, a passenger in his vehicle, also died in the collision. A post-mortem examination revealed Burger's blood-alcohol level was up to three times the legal limit at the time of the crash.
Police Interactions Prior to the Crash
According to the SIU report, the two subject officers had two separate encounters with Burger in the 45 minutes leading up to the fatal accident. The first occurred at a McDonald's drive-thru at Derry Rd. and Santa Maria Blvd. around 1:35 a.m., after a witness reported Burger vomiting and appearing unsteady on his feet. Security footage corroborated the witness's account, showing Burger exiting his vehicle and bending over multiple times, consistent with vomiting.
The first subject officer responded to the scene but did not administer a breathalyzer test, noting that Burger did not smell of alcohol, was steady on his feet, and did not slur his words. She returned his license and cleared the scene after approximately seven minutes. SIU Director Joseph Martino stated that while this might have been a misstep, it did not meet the high threshold for criminal negligence.
Second Traffic Stop and Missed Opportunities
Later, at 2:22 a.m., a second subject officer pulled Burger over after observing his vehicle swerving between lanes, nearly hitting a traffic light pole on Derry Rd. near Holly Ave. During this stop, the officer asked Burger if he had been drinking but did not wait for a response before inquiring about his destination. The officer also spoke to Amminson, who claimed Burger's erratic driving was a joke to frighten her.
Despite being aware of the earlier incident at McDonald's, the officer did not administer a breathalyzer. Instead, he offered Burger a choice: park his car at a nearby plaza or receive a careless driving ticket and continue driving. Burger opted for the ticket and drove away, crashing into Ahmed's Honda about 30 minutes later.
SIU Director's Findings and Referral for Misconduct
In his report, Martino emphasized that the test for criminal negligence requires evidence of a wanton or reckless disregard for safety, which was not met in this case. He noted that mere errors in judgment or mistakes are insufficient for criminal liability. However, he found that the officers' actions suggested possible misconduct, particularly in failing to use approved screening devices that could have prevented the tragedy.
Martino has referred the matter to the Halton Regional Police Chief for an internal review and notified the Law Enforcement Complaints Agency. The SIU also raised concerns about why Halton police did not notify the watchdog about the fatal crash until July 22, 2024, nearly four months after the incident.
This case underscores the challenges police face in impaired driving investigations and the severe consequences of missed opportunities to intervene. The community continues to mourn the loss of three young lives in this preventable tragedy.
