Toronto Star

Report slams Thunder Bay police probe of death

- DAVID RIDER CITY HALL BUREAU CHIEF

The investigat­ion into Stacy DeBungee’s death was mishandled from the start, according to a scathing report into the conduct of the Thunder Bay Police officers who investigat­ed the death of a Rainy River First Nation man.

The report to be made public Monday says officers came to premature conclusion­s about how he died because DeBungee was Indigenous. It also confirms allegation­s from DeBungee’s family from the time of his death on Oct. 19, 2015 that police failed to properly investigat­e.

His case started an wider probe into the entire Thunder Bay Police Services force for systemic racism into Indigenous death and disappeara­nce cases.

The body of DeBungee, 41, was discovered during the inquest into the deaths of seven Indigenous students who died while at school in Thunder Bay. The Thunder Bay police were under fire at the inquest for prematurel­y issuing press releases into the deaths of some of the students before autopsies were completed.

Between 2000 and 2011, seven First Nations students died while attending high school in Thunder Bay.

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Five of the students were found dead in the river.

A 126-page report by Office of the Independen­t Police Review Director found sufficient evidence to establish neglect of duty and discredita­ble conduct by Const. Shawn Whipple, neglect of duty and discredita­ble conduct by Detective Shawn Harrison, and neglect of duty by Acting Insp. Susan Kaucharik.

“This sudden death should have been treated as potential homicide — and investigat­ed as such,” the report states.

“There was no basis to affirmativ­ely rule out foul play based on observatio­ns made at the scene or even after the autopsy examinatio­n.”

Investigat­ors’ speculatio­n that DeBungee fell down drunk and rolled into the river “was no substitute for an evidenceba­sed and informed investigat­ion, the report states, adding that a coroner’s determinat­ion that DeBungee drowned and that intoxicati­on was a contributi­ng factor is compatible with both accidental or criminal activity. Other findings include: Officers, including Harrison, “showed a deeply troubling misconcept­ion about what a deeply troubling misconcept­ion about what a criminal investigat­ion entails.” Several officers said because there was no evidence of foul play, it remained a non-criminal matter with no need for further investigat­ion.

No formal statements were taken from any of the people who were with DeBungee shortly before his death, something the report calls “remarkable.” Police spoke to some briefly in a group setting but they should have been formally interviewe­d, and recorded.

Amedia release issued by police on the day DeBungee’s body was found stated that an initial investigat­ion didn’t “indicate a suspicious death.” Another is- sued a day later said his death was deemed “non-criminal.” “Those media releases presuppose­d, even before the autopsy had been performed, that the death was not a criminal matter. “A potential homicide should be treated as a serious matter.”

Police investigat­ors provided inadequate or no direction to the forensics identifica­tion unit. No video was taken at the scene and no photos were taken of the body or the riverbank close to where DeBungee was found.

Only sporadic efforts were made to contact a man who some said was the last person to see DeBungee alive. He was eventually interviewe­d.

Police failed to conduct a broad canvas of businesses and homes as was “standard fare for a potential homicide.”

Exhibits were returned to DeBungee’s family without any forensic examinatio­n done on them.

The review’s author accepted that Harrison and other officers believed they do not engage in differenti­al treatment based on race.

“However, the evidence overwhelmi­ng supports the inference that Detective Harrison and Det-Const. Whipple prematurel­y concluded that (DeBungee) rolled into the river and drowned without any external interventi­on,” the report states. “It can also be reasonable inferred that this premature conclusion may have been drawn because the deceased was Indigenous.”

Julian Falconer, the lawyer for Rainy River First Nation, is expected to release the report at a Monday news conference with DeBungee’s family.

 ??  ?? Stacy DeBungee was a 41-year-old Rainy River First Nation man whose body was found in the McIntyre River on Oct., 19, 2015.
Stacy DeBungee was a 41-year-old Rainy River First Nation man whose body was found in the McIntyre River on Oct., 19, 2015.

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