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News (Media Awareness Project) - Canada: Shank Facing Second Charge
Title:Canada: Shank Facing Second Charge
Published On:1999-03-13
Source:Toronto Star (Canada)
Fetched On:2008-09-06 11:03:17
SHANK FACING SECOND CHARGE

Officer Will Be Tried Again In Suspect's Death

A charge of criminal negligence causing death has been added to the
manslaughter indictment against Toronto police Constable Richard
Shank. He goes on trial for a second time next month in the fatal
shooting of a suspected drug dealer.

Crown Attorney Sandy Tse has filed a new indictment in Ontario Court,
general division, charging Shank with the additional offence of
criminal negligence in the March 30, 1997, shooting death of Hugh
Dawson near Kennedy and Danforth Rds. in Scarborough.

Dawson, 31, was killed in his car during an Easter Sunday drug
takedown by a team of undercover officers led by Shank, who was
designated the ``road boss'' that night.

In the new indictment, Shank is accused of showing a ``wanton and
reckless disregard for the lives and safety of other persons'' during
Dawson's arrest and ``did thereby commit the offence of criminal
negligence causing death.''

Both charges carry a maximum sentence of life imprisonment. When a gun
is used in the killing, both charges require a minimum four-year
prison term.

Shank's second trial is to begin April 19. His first trial, which
involved the charge of manslaughter, ended in a hung jury in November.

News of the second charge has left officials at the headquarters of
the Toronto police union angry and questioning the politics behind the
crown's decision.

``We're absolutely outraged. We are very suspicious as to why this
happened,'' Craig Bromell, president of the 7,000-member Toronto
Police Association said yesterday. ``I've talked to several seasoned
investigators who said they have never seen this before,'' he said,
referring to the addition of a charge just before a second trial is
held.

Bromell said the union, which is footing the legal bill for Shank's
defence, wants an independent investigation to find out why the new
charge was laid now. Shank was first charged with manslaughter by the
province's special investigations unit in June, 1997.

Crown Attorney Tse did not return calls from The Star yesterday, but a
spokesperson for Attorney-General Charles Harnick's office said the
new indictment reflects what the crown has alleged all along.

``In substance, this represents no change from the crown's theory. The
new indictment is simply structured the way it is by way of clarifying
the crown's theory,'' Brendan Crawley said.

Bromell said he has spoken with Shank, but wouldn't discuss his
conversation with the 29-year-old officer.
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