Calgary police apologize but stand by fatal crosswalk death investigation that upset families

The Calgary Police Service (CPS) has apologized to the families of two people killed in a crosswalk by a driver who confessed to police he'd been drinking and expressed concern he would go to jail for drunk driving. 

But in a statement released Friday morning, the service also says it stands by its decisions not to lay charges against the driver and for withdrawing professional conduct charges faced by the investigating officers.

Chris Turner, 25, and Edyta Wal, 23, died after being struck by a car as they crossed Macleod Trail in 2012.

Despite his admissions, the driver was never charged and the families have expressed deep frustration with the investigation. They also say there has not only been a lack of communication but they also feel they've been misled at various points in their dealings with CPS. 

Last year, after a formal complaint was made to CPS by the Wal family, Chief Mark Neufeld sent three officers to a disciplinary hearing on Police Act charges of neglect of duty and discreditable conduct.

Those charges were withdrawn on Dec. 1, nearly a decade after Turner and Wal were killed.

Before the charges were dropped, police had cancelled a meeting where they planned to provide the victims' families with an explanation. 

Earlier this week, CPS met with the Turners and Wals to explain the decision to withdraw the officers' charges and made those reasons public on Friday.

The CPS statement explains why the charges faced by three officers were withdrawn earlier this year. 

In 2018, changes to the Criminal Code have been made allowing officers to test blood based on "suspicion" of alcohol or drug consumption. But before that year, officers had to have "reasonable grounds" the driver had committed a criminal offence.

At the scene, and again in an ambulance, the driver told a police officer he'd had 12 ounces of hard alcohol and expressed concern he would go to jail for drunk driving.

Although the investigating officers suspected the driver had consumed alcohol earlier that evening, his eye and facial injuries and resulting transport to the hospital prevented a roadside breath demand, said CPS.

According to CPS, the officers spoke with witnesses, looked for physical and cognitive impairment and smelled the driver's breath.

The officers were unable to form the required legal grounds to make a demand, according to the statement.