Lake Scugog Historical Society Historic Digital Newspaper Collection

Port Perry Star, 5 Dec 2000, p. 19

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eee fai bai PORT PERRY STAR - Tuesday, December 5, 2000 - 19 Man who pleaded guilty in chase sues for $4 million ! "Scugog"s Community Newspaper of Choice" From page 1 to the Great Blue Heron Casino about 12:30 a.m. on Dec. 20 after an employee noticed that a white Pontiac Sunbird had been moving about the parking lot for more than an hour. Before two police cruisers could stop or approach the car, the dri- ver fled the parking lot and headed south on Island Rd. to Hwy. 7A, according to facts read in court. The driver contin- ued at a high rate of speed west to Simcoe St. then turned north and struck the police cruisers while continuing to flee. A spike belt was deployed by Ontario Provincial Police officers at the intersection of Hwy. 48 and 12 to stop the suspect. After cross- ing the belt, the vehicle was boxed in by police cruisers, but the suspect continued to rev the engine, court was told. The driver was shot once by Const. Williams, and after he refused to comply with orders to put his hands up, was shot twice more, court was told. Pepper spray was ultimately needed to subdue the suspect. A search of the vehicle uncovered three syringes and an empty bottle used to hold cocaine. Const. Williams was eventually cleared of any wrongdoing by the province's Special Investigations Unit (SIU). Mr. Mclvor later apolo- gized for the incident: "All 1 can say is that I'm sorry about it," he said in court. "I made a big mis- take." But Mr. Mclvor has filed a suit seeking gener- al damages in the amount of $2 million; punitive damages in the amount of $2 million; special damages in an amount to be determined by the court; and what amounts to be an apology from the police service. None of the claims contained in the suit have been proven in court. When reached by The Star, David Gomes, the lawyer representing Mr. Mclvor, said the suit is in its initial stages. "We're at the begin- ning stage right now. The suit had to be issued in a certain time period, and now we're at the fact- gathering stage," he said. "There is a significant amount of facts out there, and this is a significant case." Mr. Gomes, who was approached by the plain- tiff in mid-May, describes his client as an average man, who's afraid of police. "He's a pretty simple guy. He has a history, he's a guy with past problems We have a new e-mail address: editorial@portperrystar.com with the police, who fig- ures that it's always best to go the other way if you see police," the lawyer said. "He didn't want to deal with the police, and he turned the other way." Mr. Gomes said his client has made a legiti- mate claim. "We are very confident in our case," he said. "This case could be of great interest to the pub- lic; this could let them know the real story of what happens on the road and the cowboy atti- tude that some police take." In the statement of claim, it is noted that Mr. Mclvor was in the casino parking lot, and was fol- lowed by police when he drove away. He was later "forced to stop his motor vehicle by police vehicles that had been placed across the road" the court document says As a result, the plain- tiffs vehicle was "unable to move after the colli- sion; the plaintiff suffered injuries as a result of the collision"; and as a result, "was unable to move his arms", the claim says. The document states ordered to put his hands up, and that he attempt- ed to tell the officer that. The man was shot when he failed to do as told by the police, the statement of claim declares. The statement also claims a third officer reached through the dri- vers' side window and sprayed Mr. Mclvor with pepper spray. The document states Mr. Mclvor suffered "severe and permanent injuries, (and) has endured pain and suffer- ing and his enjoyment of life has been dimin- ished." It adds that Const. Williams "willfully, mali- ciously and with reckless disregard for the person- al integrity and right of the plaintiff used force that was grossly exces- sive in the circum- stances." Terry Ryan, head of the Durham Regional Police Association, defended the actions of Const. Williams. : "Paul Williams acted in an appropriate manner with regard to the situa- tion he was facing and has been vindicated of his actions (by the SIU)," said Mr. Ryan. "Paul was not the author of this situation." Police services board chair Bob Boychyn opted not to comment on the, situation. Chief Kevin McAlpine did not return phone calls placed by The Star. Congratulations to Allison Ritchie and Rob Ashton on your engagement. Co rT Mr. Mclvor could not CVOSSWOvA WINDOWS & PATIO DOORS [NA Love from your families ANSWEYS Energy efficient windows reduce draft AO Fe[L FIA [ABEL [AY & increase warmth. : olo| |e m[u[o@L|O[B|E } ALLTOIANRA SARE iE Alcan vinyl & Create Your Own el [sPs[Alo aluminum windows. 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