Bornen, Andrew John
Deceased
Andrew John Bornen
Demographics
16y, male
Date of death
2009-02-07
Finding date
2010-07-16
Cause of death
Internal injuries received when struck by a motor vehicle
AI-generated summary
A 16-year-old intoxicated boy was handcuffed on a major roadway at night after police responded to a report of an armed person. While officers activated emergency lights, one officer attempted to warn an oncoming vehicle, but the driver could not see him or the handcuffed boy in time. The boy was struck and fatally injured. Contributory factors included: misjudgement by officers in responding to unverified information without adequate risk assessment; failure to activate warning lights before engaging with the subject; placement of a restrained person on an active roadway at night with limited visibility; and the driver's inability to see either the officer or boy despite reasonable driving. The coroner found no criminal culpability for the driver but referred the officers to the DPP for consideration of charges related to recklessly creating a foreseeable danger.
AI-generated summary and tagging — may contain inaccuracies; refer to original finding for legal purposes.
Error types
Contributing factors
- Officers responded to unverified report of armed person without adequate verification
- Officers misjudged threat level and failed to apply proper risk management procedures
- Emergency lights not activated before officers alighted from vehicle
- Handcuffed detainee placed on active roadway at night
- Limited visibility at night on roadway
- High volume of traffic on major thoroughfare (Albion Street)
- Driver unable to see officer or detainee despite reasonable lookout and normal visibility conditions
- Officer's warning attempt inadequate given visibility and reaction time limitations
Coroner's recommendations
- The QPS Uniform Review Committee should consider changes to standard QPS uniforms that would enhance visibility of officers at night, including reflective patches or sections of material on standard uniforms worn by operational police
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