Thunder Bay, Ont., police won't be charged in connection with woman's death in 2023
The family of a Thunder Bay woman who died in 2023 say justice hasn't been served after Ontario's police watchdog concluded that no criminal charges were warranted in the case.
Jenna Ostberg died overnight Dec. 30, 2023. Before her death, 911 had been called, but police deemed it a Priority 2 case and didn't immediately respond.
The 911 call was later cancelled on the mistaken belief that Ostberg, who was 21, had left the residence.
Jenna Ostberg3
Jenna Ostberg's obituary photo.
(Supplied)
Her body was found hanging in a bedroom the next morning.
In a statement issued by their lawyer, her parents, Melanie Beardy and Vincent Ostberg, said they were disappointed in the decision, especially after waiting such a long time for the investigation to be completed.
'We continue to live with the reality that Jenna is no longer here and will never be here again,' the statement said.
'We have waited for this report since the SIU first became involved in this matter … more than 18 months ago. This long wait has been incredibly difficult for our family. Throughout this time, we have held on, hoping for answers and accountability.'
'We have waited for this report since the SIU first became involved in this matter … more than 18 months ago. This long wait has been incredibly difficult for our family. Throughout this time, we have held on, hoping for answers and accountability.'
— Melanie Beardy and Vincent Ostberg, Jenna's parents
The report, released by SIU director Joseph Martino on July 15, described the sequence of events the night Ostberg died.
Police were called to respond to a disturbance involving Ostberg and a man. The investigation found that the man had a no-contact order involving Ostberg because of a previous domestic violence incident.
The night of her death, she had been texting the man, asking him if she could come to his residence.
While he said no, 'the complainant was insistent,' Martino said in his incident narrative.
Text messages
'In a text message time-stamped 1:37 a.m. (Dec. 30, 2023), the complainant told (the man) to unlock the door. Shortly after, she entered the home at the residence and went upstairs to (his) bedroom.'
The two began arguing, prompting someone else in the house to call 911 and ask police to come and remove her from the residence.
The female caller told the 911 operator about the non-contact order and the fact that Ostberg was inebriated. By this time, it was 2:05 a.m.
The woman who called 911 also told the man to separate from Ostberg and go to the basement to sleep, and he complied.
The person who called 911 fell asleep briefly, waking around 15 minutes later to find the house silent. So she called 911 again and said she assumed Ostberg had left the home and there was no longer an emergency.
'The cancelled call was sent to the (police officer) via the records management system as a task to be reviewed,' Martino wrote.
Decided to cancel 911 call
'At that point, the (officer) could either confirm the cancellation or send it back to be reopened. In the event of the latter, the call would again be queued for dispatch. At about 3:08 a.m., the (officer) confirmed the cancellation in the system.'
Then around 10:30 a.m., the man woke up and walked upstairs from the basement back to his bedroom.
'He was sitting on his bed when he turned and saw (Ostberg) hanging in the closet,' the SIU said.
'He rushed to her, unwrapped a scarf from around her neck, laid her on the floor and called 911 ... The time was 10:34 a.m.'
Paramedics arrived and pronounced Ostberg dead at 10:39 a.m.
In his decision, Martino said that 'there is a case to be made that the (police officer) failed in his duty of care.'
'Faced with a domestic disturbance call involving alcohol and potential violence, arising in the context of a history of violence, one might reasonably have expected a police officer … to err on the side of caution and insist on a police response regardless of a subsequent request for cancellation,' Martino wrote.
Jenna Ostberg
In a statement issued by their lawyer, Jenna Ostberg's parents said they were disappointed in the decision, especially after waiting such a long time for the investigation to be completed.
(Facebook photo)
'On the other hand, it may be the policy did not go so far as to say that a call originally categorized as a Priority 2 could not be cancelled if circumstances changed.'
In this case, police were told that Ostberg had left the residence, meaning the police officer 'could reasonably believe that any potential for violence had dissipated and that he was within his rights to cancel the call.'
Whether the officer's decision was negligent, the issue was 'whether any such negligence amounted to a marked and substantial departure from a reasonable level of care,' Martino wrote.
Medical opinion in this case is that death from hanging happens relatively quickly.
'This leaves open the distinct possibility that the complainant hung herself and was dead shortly after her last known cellphone activity at 2:42 a.m.,' Martino wrote.
'If that is what happened, and any criminal negligence on the part of the (police officer) arose at or after he confirmed the cancellation at 3:08 a.m., then the officer's conduct cannot be said to have caused or contributed to the death.'
Was a 'busy night'
Considering the fact that the 911 call was cancelled at 2:23 a.m., and the last activity on the victim's cellphone was 2:42 a.m., 'that effectively left the officer about 19 minutes in which to turn his attention to the task, consider his options, and make a decision,' Martino said.
'Bearing in mind that there is evidence that it was a busy night in the communications centre and the officer would have been occupied with other matters, and that at least several minutes would have elapsed before officers could attend at the house in any event, I am unable to reasonably conclude in this condensed window of time that any negligence by (police) transgressed the limits of care prescribed by the criminal law.'
But in their statement, Ostberg's parents said that 'the SIU report does not reflect the full person Jenna was.'
'She was so much more than what is written in those pages. As the police service responsible for protecting First Nations people in Thunder Bay, the Thunder Bay Police Service has given us no reason to feel relief, closure or trust,' her parents said.
'We have no confidence in their ability to properly investigate deaths or ensure the safety of First Nations people. We will continue to fight for our daughter to have her voice be heard now that she cannot speak for herself.'
For its part, the Thunder Bay Police Service said it has begun an internal review.
Thunder Bay police
Thunder Bay Police Service said it will conduct "its required administrative review in accordance with Section 81 of the Community Safety and Policing Act."
(Supplied)
'With the conclusion of the SIU investigation, the Thunder Bay Police Service will now commence its required administrative review in accordance with Section 81 of the Community Safety and Policing Act,' police said in a statement.
'The purpose of the administrative investigation is to review member conduct, the policing provided, and procedures ... as they relate to the incident. This administrative review will be reported to the Thunder Bay Police Service Board upon completion.'
'Jenna's family remains convinced that had the Thunder Bay Police Service responded to the first 911 call and followed their policy, Jenna would be alive today.'
— Jenna Ostberg's family
However, the family said that the SIU 'failed to properly account for the circumstances surrounding her death, and the Thunder Bay Police's well-documented history of failing to protect the safety of First Nations persons in this city.'
'The SIU's report comes after years of public outcry demanding accountability for the Thunder Bay Police Service, which in this case failed to respond despite three separate 911 calls made that day,' the statement continued.
'Jenna was loved by many and is deeply missed by her family, friends, and community.'
Legal counsel for the Ostberg family, Julian Falconer of Falconers LLP, said the family needs more time to study the SIU report 'and consider their next steps.'
'Jenna's family remains convinced that had the Thunder Bay Police Service responded to the first 911 call and followed their policy, Jenna would be alive today. We will continue to support Jenna's family while they consider their options and look to ensure that all parties who potentially had a role in Jenna's death will be held accountable.'
Read the full SIU report here.
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