Was Biocchi using his cell phone at time of fatal crash?

The following is the continuation of a report prepared by the Office of the Independent Police Review Director.

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************************* Civilian Witness 3, the girlfriend of Matthew Howard, witnessed Mr. Biocchi strike Matthew as he walked east along Queen Street on the shoulder of the roadway.

She stated that the driver did not slow down or brake, but continued eastbound on Queen Street to as far as River Road, (approximately 250 metres).

Here, the driver stopped for a moment or two.

Civilian Witness 3 stated that based on the amount of time that the driver stayed down at River Road, she felt that he was deciding between staying and leaving or was making cell phone calls.

For this reason, the OPIRD obtained the cell phone records of Mr. Biocchi.

Mr. Biocchi called 9-1-1 when he returned to the scene of the accident. Civilian Witness 3 is clearly heard screaming in the background.

This was a minute or two after the call to his home is terminated.

It appears that Mr. Biocchi was on the phone when he struck Matthew Howard.

From 3:02:01 a.m. to 5:18:21 a.m., there were 10 further events on Mr. Biocchi's cell phone.

This total does not include the two numbers called by Civilian Witness 3 at 3:02:01 and 3:03:19 respectively.

At 5:30 a.m., Mr. Biocchi was interviewed by Witness Officer 2.

During the interview the officer did ask Mr. Biocchi if he had been using his cell phone to which Mr. Biocchi replied that he had not.

Witness Officer 2 then conducted a cursory check of Mr. Biocchi's cell phone.

He noted that there was "nothing" on the cell phone for the 28th of February, 2010 except the two outgoing calls made by Civilian Witness 3.

Mr. Biocchi appears to have deleted all other 40 events prior to the interview.

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