Misconduct charges against 2 Toronto police officers in Tess Richey investigation dropped

Professional misconduct charges laid more than six years ago against two Toronto Police Service officers in connection with the investigation into Tess Richey’s death have been withdrawn.

The announcement was made at a brief tribunal hearing Monday morning at Toronto police headquarters where Constables Michael Jones and Alan McCullough appeared with their attorneys.

Mattison Chinneck, the prosecutor in the case, said he was withdrawing the charges in favour of “alternative measures.” He said there would be no finding of professional misconduct and both officers would be docked 40 hours of pay.

A statement issued on behalf of the Toronto Police Service said the hearing was “resolved through a restorative approach to discipline (and) administered at the unit level.” It said Richey’s family was consulted during the process while expressing sympathies.

“The subject officers have taken full responsibility for their actions and are committed to contributing positively to the service’s ongoing development,” the statement said.

“As part of their accountability, the officers will engage directly with recruits, sharing their experience and the critical lessons learned from this case to better prepare future officers and strengthen the organization as a whole.

“This tribunal decision reflects a commitment to both accountability and continuous improvement at the Service.”

CityNews attempted to contact Richey’s family Monday morning to ask about the decision, but a response wasn’t immediately available. This story will be updated should any comments be made.

Jon Reid, president of the Toronto Police Association (TPA), said in a statement he and his organization are “relieved” the hearing ended. He called Richey’s death a “tragic incident for everyone involved,” especially for her family and friends.

“We know the last seven years have been, and will continue to be, difficult. We also know the lives of two police officers have been deeply impacted and changed forever by this case,” the statement said in part.

“Since the start of the internal investigation, the TPA has provided support to both members and we will continue to do so, as needed.”

The statement said requests for further comment will be declined.

Jones and McCullough were charged in mid-2018 under the Police Services Act with not performing a duty and not carrying out an order in the case of Tess Richey, whose body was found in the Church and Wellesley neighbourhood by her mother four days after a missing persons report was filed.

According to notices of hearing issued to the officers, they were out on patrol on the afternoon of Nov. 26, 2017 — the day after Richey was reported missing by family — when they were asked to investigate an address.

The documents alleged that while Jones and McCullough were on scene they learned that it was Richey’s last known location but they did not search the adjoining property, canvass the neighbourhood or notify a supervising officer of the details.

It was also alleged the officers’ actions were “in contravention” of the Toronto Police Service’s procedures on missing persons.

Kalen Schlatter was convicted of the first-degree murder and sexual assault of Richey, who was 22 at the time of her death. He is currently serving a life sentence.

With files from The Canadian Press