Pubdate: Fri, 9 Oct 1998 Source: Toronto Star (Canada) Contact: http://www.thestar.com/ Author: John Duncanson, Police Issues Reporter Section: A27 OFFICER DESCRIBES 'CHAOS' AS SUSPECT SHOT Trial Told Driver Hit With Baton The moments just before police fatally shot drug suspect Hugh Dawson were "chaos," a Toronto undercover officer has testified. Phil Chan, a detective constable for the past seven years, is the second east-end drug squad officer to testify at the manslaughter trial of Constable Richard Shank. Shank has pleaded not guilty in the March 30, 1997, fatal shooting of Dawson, a suspected crack cocaine dealer. Dawson was killed after police rushed his car, broke the windows and tried to arrest him inside his Honda Accord. The crown has alleged that Shank, the "road boss" of the drug squad who gave the order to move in on Dawson's car, was criminally negligent in the handling of the arrest. Chan yesterday described how he tried in vain to break the front window of the suspect's Honda with his extendible baton as fellow officer Rajeev Sukumaran dangled halfway into the car. After whacking at the front window with little result, Chan moved to the driver's side of the car, reached in, and started hitting Dawson with his baton. Chan, who described the scene as "chaos," said his attempts to distract Dawson by hitting him didn't work. "Dawson was looking straight forward. I was hitting Dawson in the face and neck. There was no reaction." Moments later, Chan said he heard a bang and stepped back from the car. That's when he heard two or three more shots and watched Shank, who was also in the Honda, get out of the passenger's side of the car, the trial was told. Under questioning from Crown Attorney Sandy Tse, Chan said he never heard anyone yell: "He's got my gun. He's got my gun," as another drug squad officer had testified earlier. He also told Tse that Dawson, who had his seatbelt on, was looking forward when the first shot was fired. In earlier testimony, Constable Al Flis testified he saw Dawson struggling with both Shank and Sukumaran as they tried to arrest him. Flis testified that Dawson was trying to escape police by reversing out of a trap set up by the undercover officers at the intersection of Kennedy and Danforth Rds. The trial continues Tuesday. - --- Checked-by: Patrick Henry