Accused Thunder Bay officers testify at hearing into flawed investigation into First Nation man's death

Two police officers facing disciplinary charges spoke for the first time at a public hearing about their role in the investigation into the 2015 death in Thunder Bay, Ont., of First Nations man Stacy DeBungee.

Staff Sgt. Shawn Harrison and Det. Shawn Whipple of the Thunder Bay Police Service (TBPS) are charged with neglect of duty and discreditable conduct under Ontario's Police Services Act. DeBungee, 41, was from Rainy River First Nation. 

Harrison pleaded guilty to neglect of duty and not guilty to discreditable conduct; Whipple pleaded not guilty to both charges.

The three-week Police Services Act hearing began in Thunder Bay on May 30, seven years after DeBungee's body was found in the McIntyre River in Thunder Bay. 

Within hours of DeBungee's death, a news release that Harrison approved claimed police suspected "no foul play." The following day, a second release, which Harrison claims he didn't approve, notified the public that DeBungee's death was "non-criminal" before a post-mortem examination was conducted.

A 2018 Office of the Independent Police Review Director (OIPRD) review of the DeBungee investigation found police conduct constituted neglect of duty, as they reached the premature conclusion DeBungee fell unconscious from alcohol consumption and rolled into the river.

The case served as the impetus for a two-year investigation led by retired senator Murray Sinclair that found systemic racism in the Thunder Bay police force. 

This week, the tribunal heard evidence and testimony indicating Harrison failed to pursue leads that would have garnered relevant information, he didn't read multiple internal reports related to the case, and how he assumed alcohol was the cause of DeBungee's death based on the First Nations man's legal history. 

In addressing the neglect of duty charge, Harrison conceded he should have followed up on a visit a private investigator for the DeBungee family made to the police station a month after DeBungee's death.

Harrison wasn't available when DeBungee's brother, Brad DeBungee, came to the police station with Dave Perry, the Investigative Solutions Network chief executive officer whose three-day investigation had uncovered multiple leads. 

Those included tracking down a couple police hadn't questioned who had used DeBungee's debit card after his death. Perry's findings are detailed in the CBC's The Fifth Estate documentary No Foul Play.

WATCH | The Fifth Estate documentary No Foul Play 

David Butt, the lawyer representing both officers, asked Harrison whether missing that meeting was a neglect of duty. 

"That was a mistake on my part," Harrison replied.