WATERLOO REGION — The pedestrian struck and killed by a truck on Highway 401 on Wednesday was a former Waterloo Regional Police officer who was arrested in a prostitution sting in London.

"Sadly I can confirm that it was my client who tragically died yesterday," defence lawyer Bruce Ritter said in an email on Thursday. "The family has no further comment but would ask that all respect their privacy at this very difficult time."

David MacKintosh, 55, of Breslau was hit by a truck at 10:30 a.m. in the westbound lanes near Homer Watson Boulevard. Traffic was backed up as police closed off the lanes for several hours.

MacKintosh was pronounced dead in hospital.

Details about how or why MacKintosh came to be walking on the highway have not been released.

Ontario Provincial Police would not release the identity of the deceased, but said foul play was not suspected.

MacKintosh was charged on June 7 with obtaining sexual services for consideration, nearly two months after he was initially arrested on April 19.

He retired on April 27.

In a statement, regional police spokesperson Cherri Greeno said MacKintosh filed his retirement papers before April 19.

The offence he was charged with involves "an agreement for a specific sexual service in return for payment or another kind of consideration, including drugs or alcohol," according to the Justice Department.

London Police officers were conducting a sting operation when MacKintosh was arrested.

Sgt. Michael Hay, head of the human trafficking unit with London Police, allegedly released MacKintosh at the time without laying any charges or keeping a record of the arrest. Hay faces three professional misconduct charges under the Police Services Act; discreditable conduct, neglect of duty and insubordination.

London Police allege Hay did not report the arrest to his supervisory officer.

Because MacKintosh was not an officer when he was charged, he would not face any discipline under the Police Services Act. He was scheduled to appear in a London court on Sept. 5, to address the criminal charge.

While London Police spokesperson Roxanne Beaubien would not confirm the identity of the deceased she said generally, "if there was an accused who was before the courts on charges who passed away, we would start the process to have the charges withdrawn."

With files from Liz Monteiro

gpaul@therecord.com, Twitter: @GPaulRecord

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- Pedestrian dies after being struck on Highway 401

- Local officer retired after arrest in London prostitution sting