Adjudicator Greg Walton will be hearing closing arguments in the Stacy DeBungee death investigation.
Lawyer Asha James, prosecutor Joel Dubois and defence counsel David Butt will make their final case beginning Thursday at the Victoria Inn after hearing from nine witnesses, including both Staff Sergeant Shawn Harrison and Detective Constable Shawn Whipple.
Walton stressed on June 7th that given the unique circumstances that exist in the case, it would better serve the community and the Thunder Bay Police Service to wrap up proceedings in person.
Staff Sergeant Shawn Harrison
Harrison agreed with a suggestion from prosecutor Joel Dubois that he developed a close-minded approach and had tunnel vision during the investigation.
However, he disagreed with suggestions from Dubois that he failed to properly supervise both detective constables in the case (Clark McKever and Shawn Whipple) as well as failed to provide adequate attention because of the Indigenous status.
Harrison said it was a mistake that he turned down a meeting with retired Toronto Police officer Dave Perry, which led him to plead guilty to failing to perform duties according to the Police Services Act.
Harrison has entered a not guilty plea on the second charge of failing to treat or protect people equally during the case.
Detective Constable Shawn Whipple
The detective constable has pled not guilty to both charges of failing to perform duties according to the Police Services Act as well as failing to treat or protect people equally during the case.
Whipple stated that he had never heard of DeBungee and that other officers on the scene had spoken about previous dealings with DeBungee.
He noted that people have been known to consume alcohol near the McIntyre River, so he went on the possibility that DeBungee had fallen into the waterway.
Whipple mentioned that he wishes now that he would have paid more attention during the next of kin notification, noting he was distracted by a potential domestic situation in the same area.
According to Whipple, the service has also changed operations in the seven years since DeBungee’s death, which includes more heightened awareness in cases involving Indigenous people.
Retired Toronto Police Officer Dave Perry
Perry was hired by the DeBungee family and the Rainy River First Nation to investigate the October 2015 death of the 41-year-old, who was living in Thunder Bay but was a former Anishinaabe member.
Perry told the tribunal that he was horrified by the way that DeBungee’s brother was treated during a November 2015 meeting with the investigators at police headquarters.
He was shocked by the way that even he was treated in a brief meeting with Detective Sergeant John Reid.
Perry conducted his own investigation over a three-day period and felt there was information that investigators should have had.
He added the meeting with Reid was short and curt, with a feeling of “who the hell are you?”
Perry found it troubling that within a day, investigators had already determined that there was no foul play in DeBungee’s death.
Defense counsel David Butt, who represents both Staff Sergeant Harrison and Detective Constable Whipple, stated to Perry that despite his testimony that Thunder Bay Police did not try to interview the family for their investigation, there were three other meetings between Harrison and Brad DeBungee.
Brad DeBungee
The brother of the late Stacy DeBungee was asked about a pair of meetings he had with the Thunder Bay Police Service, including the initial one just days after learning of his brother’s death.
DeBungee told the tribunal that he took the October 21, 2015, meeting at police headquarters because he and the family wanted to know more information about how Stacy ended up in the McIntyre River.
DeBungee said he, along with his aunt Mary and cousin Karen, were given vague answers by the three officers, which included Staff Shawn Harrison, and was told, “don’t call us, we’ll call you if there is new information.”
He told the tribunal about a trip to the scene afterwards, in which he and other members of his family were met by an unmarked vehicle that included Harrison.
Harrison showed the individuals where the body was found.
DeBungee testified that he wanted to know more information about his brother’s death and even looked at legal help or a second opinion from a coroner as to the cause of death.
This eventually led him to file a Freedom of Information (FOI) request in November 2015, which was denied due to the ongoing investigation.
DeBungee reached out to Jim Leonard, the then-chief of the Rainy River First Nation, for help in getting answers to Stacy’s death.
Jim Leonard
Leonard told the tribunal that he was first approached by Brad DeBungee shortly after the death of Stacy, expressing frustration about the lack of answers that they were getting.
He then followed up with his band council to see if they could give legal advice on how to proceed.
Leonard, DeBungee and lawyer Julian Falconer filed the complaint with the Office of the Independent Police Review Director (OPIRD) on March 18, 2016, alleging a pattern of the police service jumping to conclusions when it comes to the deaths of First Nations people.
OTHER WITNESSES
- Retired Deputy Chief Andrew James Hay
- Sergeant Clark McKever
- Director of Communications Chris Adams
- Detective Shannon Primmer
- Retired Constable Janine Lewkoski
The Ontario Provincial Police (OPP) has launched its own investigation after a request from the Ontario Ministry of the Attorney General.
DeBungee’s passing was singled out in a 2018 Broken Trust report with claims of how cases involving Indigenous people are handled by police.
Closing arguments can be viewed here.
