Alleged victims of Hussey Drive say police and the Newfoundland government mishandled their complaints of abuse when they were teenagers

The man who complained to the Royal Newfoundland Constabulary in 2007 about sexual harassment against Tony Humby has hired a lawyer and plans to sue the police, claiming officers mishandled his case.

The man — whose name is subject to a publication ban — said he was 16 when he first told police he was raped in Humby’s trailer on Hussey Drive in St. John’s. Police took statements from both sides before closing the case without charges.

Humby has pleaded not guilty to 33 charges relating to allegations of sexual violence against 10 minors. Police believe nine of them were abused after a 16-year-old’s complaint was closed without charges in 2007.

The 33-year-old has hired St. John’s attorney Stephen Barnes.

Barnes said his client has no idea why charges were not brought in 2007 and that he is now “disgusted” by the way his case was handled.

“The way the RNC dismissed my client’s complaint in 2007 and then called him literally half a lifetime later as if it were a routine part of an investigation is evidence of serious systemic problems in the RNC’s investigative techniques, at least as they relate to sexual assault complaints,” Barnes said.

The man claims that after the attack he was taken to hospital, where a nurse gave him a rape kit.

According to search warrant documents obtained by CBC News, police said they interviewed Humby at that time, who denied the accusation. Humby was told no charges would be filed and that he was free to leave.

That unverified police affidavit, prepared by RNC Const. Jennifer Cotter, was unsealed by a provincial court judge last month after a request by CBC News.

The man said he did not receive a response from the RNC until 16 years later, when he was called to make another statement.

This time, investigators came to a different conclusion. Humby was charged with sexual assault in connection with the 2007 allegation.

Barnes said they later learned the rape kit was never sent for analysis and was later destroyed.

The boy was in Grade 10, Barnes said, and was afraid to come forward when the alleged incident occurred. He later dropped out of school and was deeply affected by the alleged abuse, Barnes said. He left Newfoundland and Labrador several years later and struggled with addiction and homelessness.

He eventually returned to Newfoundland and sobered up.

“Despite this, he continues to struggle every day with the aftermath of the assault and subsequent interactions with police,” Barnes said.

His client has not yet filed a lawsuit against the RNC, but Barnes said proceedings are underway to seek court approval to use a pseudonym so his identity will be protected.

“My client intends to pursue a lawsuit against the RNC for damages because he believes their negligent investigation not only ruined his life, but also led to the sexual harassment of countless others by Tony Humby and Bruce Escott,” Barnes said.

Escott is Humby’s co-defendant. The two men were longtime neighbors on Hussey Drive in the Ann Jeannette trailer park near the St. John’s airport.

Escott has not been charged in connection with a 2007 sexual assault allegation involving Barnes’ client.

Escott faces 14 charges stemming from six complaints. He has so far pleaded guilty to one charge as part of a plea agreement with prosecutors.

In a statement to CBC, the RNC said it would not comment on any potential civil proceedings.

Rep. James Cadigan stressed that this remains an “active and ongoing investigation,” noting that Humby was charged with 39 additional charges on Tuesday.

“Generally speaking, in any criminal investigation, an officer must consider the totality of the evidence to reach a lawful conclusion,” Cadigan noted.

“Investigations that have been closed are conducted based on the information available at that time. This does not prevent an investigation from being reopened if new information is obtained.”

Second man wants to hold NL officials accountable

Barnes has already filed a lawsuit on behalf of another man — in part because of accusations related to Humby and Escott.

John Doe #2406, as he is called in court documents, is suing the government of Newfoundland and Labrador.

In his lawsuit, John Doe stated that he disclosed to various social workers that he was sexually harassed by Humby and Escott on at least two occasions in 2009.

However, he added that his social workers took no action.

“In both cases, the social workers requested additional details and said the matter would be investigated, but nothing further came of it, and Humby and Escott continued to sexually assault him after the information was disclosed,” his lawsuit reads.

In an interview with CBC News, John Doe said he wants the Department of Children, Seniors and Social Development (CSSD) to be held accountable for what he sees as a failure to protect vulnerable children from abuse.

“I think they should pay for their actions,” he said.

A trove of search warrant documents obtained by CBC News provides insight into what authorities knew and when.

Although there is no record of John Doe disclosing anything to social workers in 2009, the author cites interviews and reports that indicate that at least one group home employee had concerns about Humby dating back to 2004.

The document also cited repeated instances since 2019 in which group home staff filed reports with CSSD, gathering evidence of alleged abuse at Hussey Drive.

In one such case, CSSD went to family court in 2020 and obtained an order barring Humby from contacting a 13-year-old boy. According to the allegations, the abuse allegedly continued beyond the end of the order.

John Doe believes more could have been done, sooner.

“(The department) failed to investigate credible allegations of abuse made against Humby and Escott, including allegations made by (John Doe) and allegations predating (his) relationship with Humby and Escott,” the statement alleged.

Turbulent home life led to Humby, says John Doe

John Doe grew up in an unstable environment, he said, and his stepfather abused him and his sister. CBC News reviewed his case file, which shows he was involved in the child welfare system from a young age.

He felt he had found safety on Hussey Drive when he was 14, he said, and began hanging out with other kids from similar backgrounds. He said they often met at Humby’s trailer.

“There were always, I would say at least five of us,” John Doe said. “We were just a group of friends hanging out. Smoking pot, smoking cigarettes, drinking. He always provided it. So, you know, we had no idea. I don’t think anyone else did either.”

John Doe said Humby often drove them because most of the children weren’t old enough to have learner’s permits, let alone licenses. The number of children in the car decreased over time, he said, until it was mostly just him and Humby driving.

“He started asking questions. ‘Do you like the guy thing?’ I tried to tell him I wasn’t really interested, and he started asking if you’d ever consider trying? He was like, ‘I’d pay you for it,’ stuff like that. I told him no. At first he was okay with it. Then I guess he got pissed off at the fact that everyone was just using him for rides and stuff and he probably wasn’t getting anything out of it,” he said.

“Then he started persuading me.”

John Doe said it started with oral sex, nudity and inappropriate touching. Over the course of several weeks, he said, Humby cornered him in a bedroom and showed him an open drawer in a nightstand.

“There was money, there was grass, cigarettes and other things, and also weapons,” he said.

John Doe said he complied with Humby’s demands out of fear. He said Humby raped him.

“My instincts were telling me I could either do whatever I had to do to get out of here or, you know, end up dead. So I did whatever it took to not die.”

John Doe said the abuse continued until he was 18.

Alleged abuses left lasting effects

Humby was charged with six counts against John Doe; Escott with two.

John Doe’s allegations have not been proven in court.

More than a decade after his alleged experiences with Humby and Escott, John Doe was surprised to hear of their arrests.

He added that the experience had never left his mind — including the arrangement of items in Humby’s trailer and the taxi number on the body of Escott’s car.

“I’ve tried it in the past with drugs,” John Doe said. “I was in trouble with the law for a long time, and now that I’ve gotten out of trouble, my life has changed dramatically. But, you know, it’s still there. I’ll always have to live with it. I just have to find ways to live with it instead of letting it eat me up.”

John Doe admitted that he made many mistakes and went to prison.

His daughter is now in provincial care — part of the same child protection system that he feels failed him and so many other boys hanging around Hussey Drive.

She doesn’t trust the system to keep her safe.

“They have no responsibility. If they try to say that because of my past I can’t (be a father), what about their past?”

The province has not yet filed a statement of defense in John Doe’s lawsuit.

In response to questions from CBC, a spokesperson for the Department of Seniors, Children and Community Development said he could not comment because the matter was ongoing.

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