(JOHN MCDONALD / iNFOnews.ca)

KELOWNA - An investigation into a crash between an off-duty Mountie and cyclist last May was the fault of the cyclist, says a report from the RCMP watchdog released today, Sept. 20.

“The evidence points to a careless act on the part of the (cyclist) contributed to by his use of heroin, in cycling out from a dark, shadowed area under the trees beside a six-lane highway, wearing dark clothing and without lights,” the Independent Investigations Office of B.C. report by Ronald MacDonald reads.

“The (cyclist) rode directly into the path of (the officer) who, on the evidence was driving normally and reacted as quickly and appropriately as could be expected in the circumstances.”

A number of witnesses supported this view of events from May 25 near Cooper Road and Highway 97.

Another motorist was driving behind the off-duty officer, eastbound in the curb lane on Highway 97, when he saw the officer’s car suddenly swerve to the left, halfway out of its lane.

At the same time, he saw something “fly off” the right side of the vehicle and the officer pulled over. When they exited the car, a body was on the roadway in the middle of the curb lane

That driver heard the officer say, “he came out of nowhere.”

They called 911 and when paramedics arrived, the cyclist told them he’d used heroin earlier that day. The paramedic also believed she had seen the man earlier in the night, riding his bike against traffic lights and weaving in and out of traffic in a dangerous manner.

The cyclist, himself, supported that view, saying he’d been hanging out with friends and had used heroin that night. He couldn’t remember the accident because he had a concussion and a broken leg.

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