Why independent investigators are probing a traffic fatality in Penticton

PENTICTON – An investigation into Tuesday evening’s fatal collision continues as a roadside memorial to five-year-old James Christian McIntosh grows at the intersection of Fairview Avenue and Highway 97.

James was killed Tuesday evening, Sept. 15 at approximately 5 p.m. while crossing the road at the crosswalk with his father and brother when he struck by a pickup truck. Normally, this would be an investigation by the RCMP, but because the driver is an RCMP officer — identified yesterday by Global Okanagan as reserve Const. Ace Stewart — the RCMP can't investigate its own.

Independent Investigations media spokesperson Ralph Krenz says the office gets involved in all incidents involving police where serious injury or death has occurred.

“In the Police Act, any time there’s an incident of serious harm or death involving an off-duty police officer, an investigation will be conducted by the Independent Investigations Office to ensure unbiased, transparent investigation,” Krenz says.

The Independent Investigations Office of B.C. is a civilian-led investigative body mandated to conduct investigations into officer-related incidents of death or serious harm in order to determine whether or not an officer may have committed an offence.

Once the office becomes involved, police typically won't comment on an investigation, meaning all public information about the case must come from the independent investigators.

To contact the reporter for this story, email Steve Arstad at sarstad@infonews.ca or call 250-488-3065. To contact the editor, email mjones@infonews.ca or call 250-718-2724.