THUNDER BAY – A Thunder Bay Police Service officer convicted of assault causing bodily harm will serve a suspended sentence of two years of probation.
In September 2023, Const. Andrew Frankow was found guilty of assault causing bodily harm for punching a 33-year-old Indigenous man in the face in April 2022 in a bus shelter outside of city hall.
A sentencing hearing was held in February of 2024 and on Friday, more than a year later, Frankow received a suspended sentence of two years of probation and 150 hours of community service.
A suspended sentence consists of a conviction and a criminal record but does not include jail time.
The sentencing process for Frankow was conducted through the restorative justice court and the court heard on Friday the TBPS constable has fully participated in the process.
The victim of the assault chose not to participate in the sentencing process but told the Elder involved in the restorative justice court program he wanted people to understand street culture and what it was like to live on the streets in Thunder Bay.
When addressing the court, Frankow said when he started his policing career he came into it “bright-eyed and bushy-tailed,” always exuding a kind, positive attitude. One of his partners, an officer for more than 20 years, told Frankow he couldn’t be nice all the time.
Frankow said he learned that lesson by trusting the wrong people and putting himself in the position where he was assaulted.
“Being a policeman, it’s a tough job. It can sour you,” he said.
Frankow said he’s replayed the events in the bus shelter from April 2022 over and over again in his mind during the last three years.
“I’m man enough to admit when I’ve made a mistake and the only thing I can do is be better,” he said, adding his focus moving forward will be bringing back the balance of being vigilant, but also kind.
“Slowing down, taking time,” he said. “That’s all I can do – commit to being better and guiding other people.”
Fort Wiliam First Nation Chief Michele Solomon also participated in the restorative justice process and emphasized her belief in the process.
“I can appreciate the challenges that come with working in law enforcement. I’m also significantly challenged by the daily experiences of what brown people are going through in shopping malls, drug stores, grocery stores, on the streets,” she said.
“I’m trying to balance all of this in my mind, trying to balance all of the things that are present in the situation you found yourself in,” she said to Frankow. “I can’t imagine having to go through every day of my work with a camera attached to me because I know I am human and sometimes fall victim to my humanness, too.”
Solomon said she hopes Frankow will use this experience to share with others what he has learned.
“Sometimes just having somebody give us grace will allow us to go forward and give others grace,” she said. “I sense that you have participated genuinely in the process and I just hope you have the best takeaways from the whole experience as difficult as it may have been for you and your family to go through.”
Justice David Gibson said he was impressed with the sophistication of character references Frankow submitted in his defence and that Frankow was a good person “most days.”
The judge said he also wanted to ensure there was accountability for what happened because it was a very serious situation where a person was hurt.
Many people in the community are also aware of the case, he noted.
“I think if anybody looking at this situation knew who you were, what you’ve done since the trial of this matter, some of the insights you have gained . . . they would agree making an example of you by hoisting you in the town square is of nobody’s interest,” Gibson said.
“If the community can draw something good out of this, I consider that to be the restorative aspect to this,” added Gibson.
The Thunder Bay Police Service has previously said an internal investigation will be launched into this matter following the conclusion of the criminal proceedings.
