Pubdate: Friday, March 12, 1999 Source: Toronto Star (Canada) Page: B1 Copyright: 1999, The Toronto Star Contact: http://www.thestar.com/ Author: John Duncanson, Toronto Star Police Issues Reporter 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. - --- MAP posted-by: Patrick Henry