TEARS OF JOY GREET VERDICT IN SHOOTING DEATH

Jury Clears Officer

There were tears of joy from Constable Rick Shank after a jury found
him not guilty of manslaughter in the shooting death of drug dealer
Hugh Dawson yesterday.

The 29-year-old officer, who had kept his emotions tightly in check
during the month-long trial, leaned forward from his chair in the
prisoner's box and broke down, his massive shoulders trembling.

All around him, in a courtroom filled mostly with his colleagues and
family members, including his wife Nicole, there was sustained
applause over the verdict, reached after barely three hours of
deliberations. Shank's first trial in the shooting ended in a hung
jury.

There were immediate demands for an inquiry into the actions of the
special investigations unit for charging Shank in the Easter Sunday
shooting on a Scarborough street more than two years ago.

Inspector Don Campbell, who was in charge of the drug squad team that
tried to arrest Dawson that night, called for a probe.

So did Craig Bromell, president of the Toronto police union: ``This
matter has to be investigated by the government as to how charges came
about when one of our members was just doing his duty, performing the
job he's trained to do. This shouldn't happen again,'' he said.

The provincial SIU, which investigates all serious incidents of death
or injury to civilians involving police, took it on the chin a few
times during the Supreme Court of Justice trial at a University Ave.
courthouse.

Once, when jurors were absent, Mr. Justice Paul Forestell seemed
annoyed when SIU officers were tardy getting an exhibit to the trial,
wondering out loud if there was some basis to negative publicity about
the unit.

And yesterday, he suggested to jurors during his closing remarks that
the lack of fingerprints on the guns of Shank and a second officer,
Constable Rajeev Sukumaran, could have been caused by SIU officers
handling the weapons at the scene.

Both weapons figured prominently in the trial, which heard Dawson
tried to grab the guns of Shank and Sukumaran just before they shot
him.

A team of undercover drug squad officers had tried to arrest Dawson
after an informant told them Dawson was carrying a gun.

The 31-year-old had a reputation in the shadowy world of drug dealing
as someone with a mean streak, a person other dealers stayed away from.

When word got back to the drug squad from a usually reliable informant
that Dawson was dealing and was armed, a team was put together to take
him down.

Shank was the road boss of the team that surrounded Dawson's car on
Kennedy Rd. near Danforth Ave., but when they tried to arrest him,
Dawson put the car in reverse in an apparent bid to escape.

The trial heard Dawson grabbed for Sukumaran's gun when the officer
smashed out the driver's window and tried to turn the car off. Shank
came to his aid and when Dawson grabbed Shank's gun, Sukumaran shot
him at least once, with Shank shooting nine times.

Among his colleagues on the force, Shank was seen as a ``good cop''
who came to the rescue of his partner.

They filled the courtroom during most of the trial. Out of the 100
people in the gallery yesterday, at least 85 were police officers,
including Chief Dave Boothby and union head Bromell.

``I have faith in the justice system, but I also said I have faith in
Rick Shank,'' the chief said in a later interview. ``That faith has
certainly been reinforced with the verdict here today.

``There's really no celebration in any human tragedy, but I'm very
happy that it's behind us all and we can all get on with things now.
I'm particularly relieved for Rick Shank and his family, it's been a
very long, tough experience for them.''

After thanking the six women and six men on the jury, Forestell said
theyhad arrived at ``a very fair verdict.''

With that, Shank opened the door to the prisoner's box and hopped out,
obviously elated, to thank his lawyers, Peter West and Austin Cooper.

``It took a long time, but justice was finally done,'' Cooper said
later.

Afterwards, with Shank by his side, smiling slightly but, as usual,
not talking, West told reporters: ``I think Constable Shank doesn't
want to say anything at this point, he's just really happy that
justice has finally been done.

``It's been a long time coming and he's just very, very happy that the
jury made their decision as quickly as they did and showed their
support for the work that he does as a police officer in this city.''

Prosecutor Gauthier said in a later interview it was ``tragic
that Mr. Dawson lost his life. The jury heard all the evidence and
delivered a fair verdict based on that evidence.''

Shank was mobbed by his family and friends after the verdict was
read.

One of the first to shake his hand was his close friend, Sergeant Pat
Burke, who sat behind him every day of the trial, just as he had done
during the first trial.

As Shank leaned forward and wept in the prisoner's box, Burke took out
a handkerchief and passed it to his friend, who smiled, his eyes
brimming with tears, and nodded thanks.

``This has been a very difficult time for Rick and his family,'' said
Burke. ``But it was made just a bit easier by the support of his
fellow officers.''

Among the well-wishers was Detective Sergeant Keith Kindy, the current
head of the drug squad unit where Shank used to work. He is now
assigned to the police intelligence unit.

``It was the only reasonable verdict,'' Kindy said later. ``I think
their verdict is a recognition of the risks involved in undercover
drug work by officers on the force.''

The one constant throughout the trial was the unwavering backing for
Shank from other members of the force. They came by the hundreds to
the University Ave. courtroom.

Shank's acquittal was immediately read out over police band radios by
dispatchers yesterday.

Afterward, about two dozen officers gathered for a quiet drink at a
nearby hotel to celebrate.

``Justice was done today,'' said Detective Dave Vickers, who was at
the trial to show his support.

``Rick Shank is a courageous officer, a credit to the police service,
someone who should be rewarded for his bravery.''

Deryk Gravesande, a lawyer who has acted for Dawson's family in the
past, said last night the family is ``very disappointed in the verdict.''

The family feels ``a degree of frustration'' with the justice system,
Gravesande said.

``They thought that the jury would, in fact, make a finding that would
have some criminal sanctions.''