Hamilton police says it has charged a driver who knocked a cyclist off the road in Hamilton’s Dundas area in May.
Late last week, the cyclist told CBC Hamilton the collision fractured his pelvis and in its aftermath, he “essentially lost any feeling of justice or safety.”
On Thursday morning, the police service told CBC Hamilton that on May 22, the driver of a Toyota Tundra pulling a trailer was travelling west on Sydenham Road when they came up on three cyclists.
“The cyclists were using the lane and believed to be travelling at approximately 50 kilometres per hour which is the speed for this roadway,” read the email from the police service.
“[The] driver began to overtake the cyclist however the lead cyclist and the rear right of the trailer collided knocking the cyclist off and onto the paved rain curb.”
Police have since charged the driver with improper passing. When CBC Hamilton first reported on the incident, spokesperson Jackie Penman said police were still investigating.
The cyclist, Matthew Nicholson, 21, declined to comment on the charges saying he’s waiting until he can speak with investigators to learn more.
Nicholson and his lawyer, David Shellnutt, previously said police should consider charging the driver with criminal negligence and assault in addition to careless driving because they believe the hit was intentional.
Before the collision, Nicholson said, the driver came up quickly, honking and yelling at the cyclists.
Video appears to show alleged driver yelling at other cyclists
After, Nicholson and his girlfriend looked up the driver’s name, which police had shared with them. They found his Facebook and X accounts, and from there, a YouTube channel with an almost identical username.
There they saw a 23-minute video posted May 25 in which a driver, who seems to be recording with a phone mounted on the dashboard, follows a handful of cyclists through Dundas. The driver in the video narrates what’s happening and criticizes and yells at the cyclists.
CBC Hamilton viewed the video but has not independently verified its author. Shortly after, the YouTube account holder changed their account username and photo. They have since made the video private.
CBC Hamilton has been unable to reach the driver or YouTube channel account holder for comment.
In an email Thursday, Shellnutt said neither he nor his client has been directly told by police that the driver was charged. He also said it was “very concerning” that police have not given Nicholson a motor vehicle accident report.
“The charges are worrisome and decidedly lax given the intentional nature of this incident evidenced by my client and his fellow riders,” Shellnutt said.
He added that police “seem to have ignored” the YouTube video “and refused to send a message” to drivers who would use violence against vulnerable road users.
“Utterly disappointing.”