THUNDER BAY — A Thunder Bay Police Service officer who was found guilty of discreditable conduct and neglect of duty for mishandling the 2015 sudden death investigation of Stacy DeBungee has been demoted by a single rank as punishment.
Adjudicator Greg Walton delivered his ruling on punishment on Friday, demoting Staff Sgt. Shawn Harrison to the rank of sergeant.
“I find that Staff Sergeant Harrison’s usefulness to the Thunder Bay Police Service has not been annulled. I do not find it necessary that Staff Sergeant Harrison be demoted to the rank of constable,” Walton said in his ruling.
“I find the fitting sanction is a demotion in one rank for a term of 18 months; it is a penalty which meet the goals of the discipline process: to strike a balance between community expectations, fairness to Staff Sergeant Harrison and the needs of the organization.”
The order will be stayed, however, as Harrison plans to appeal the decision and it will not be implemented until the outcome of the appeal.
Harrison pleaded guilty to neglect of duty at the start of a Police Service Act hearing in May 2022 and was found guilty of discreditable conduct following the hearing in July 2022.
Det. Shawn Whipple was also charged with discreditable conduct and neglect of duty but was found not guilty on both charges.
The charges stem from the mishandling of the sudden death investigation in October 2015 after DeBungee’s body was found in the McIntyre River.
Harrison was the lead investigator into the sudden death and Walton ruled he failed to treat or protect DeBungee and his family equally and without discrimination because he was Indigenous.
“I am guided by the principles governing the determination of a disposition,” Walton said in his ruling. “In so doing, I have attempted to ensure the public complainants’ interests have been protected, while fulfilling my obligation to ensure the least onerous disposition prevails, one which moves towards a more remedial philosophy rather than a punitive disposition.”
Office of the Independent Police Review Director Gerry McNeilly cited the case in his 2018 Broken Trust report and called for it to be re-investigated because of failures in the original investigation.
Throughout the course of the Police Service Act hearing, evidence was presented showing inadqueacies in the original investigation, including police releasing the scene before a post-mortem examination had been completed and issuing a media release stating DeBungee’s death was non-criminal.
Further evidence showed that Harrison did not follow-up with interviews of potential witnesses in the area and failed to meet with a private investigator who had uncovered further information relating to DeBungee’s death.
During penalty submissions, counsel representing the DeBungee family were calling for Harrison’s termination from the Thunder Bay Police Service.
The service prosecutor was seeking a demotion to the rank of constable first class and Harrison being barred from holding any supervisory position for one year.
Harrison’s defense counsel called for a demotion of two ranks for three to six months.
After the 18-month period, Harrison would be permitted to return to the rank of staff sergeant.
