Andrew Bates, Local Journalism Initiative Reporter, Telegraph-Journal

The RCMP says a man’s body was recovered from the St. Croix River after he tried to swim away from police officers in St. Stephen.

Officers say they approached the man, who had been wanted for an alleged breach of a community sentence order, last Saturday and he fled, later seen struggling in the river, according to RCMP Cpl. Matthew Leblanc-Smith.

But the family of McKay Matthew Thomas, 41, said they have concerns over the incident and the way his body was treated by police Sunday.

Leblanc-Smith said officers on patrol at about 2:35 p.m. along Milltown Boulevard in St. Stephen saw the man but when they approached him, he fled, Leblanc-Smith said. He said the man, who had been wanted on unendorsed warrants, was last seen entering the river near King Street and Budd Avenue when he “began swimming toward the U.S. border.”

Crews from the U.S. and Canadian Coast Guard, U.S. Border Patrol and fire departments from St. Stephen and Calais, Maine, responded to search for the man.

“While in mid-river, the individual appeared to struggle and then went underwater and did not resurface,” Leblanc-Smith told Brunswick News in an email Monday.

Police said marine units using drones and thermal imaging were deployed to help with the search, and on Sunday officers with an RCMP underwater team recovered the man’s body “near the point of entry” into the river, Leblanc-Smith said.

Leblanc-Smith declined to confirm details about the man or about the nature of the warrants, citing privacy and the integrity of the investigation. Unendorsed warrants differ from endorsed warrants in that the person arrested is to be held in custody until their next court appearance, according to the Criminal Code.

“Our thoughts are with the family and loved ones of the deceased during this difficult time,” Leblanc-Smith wrote in the email. “The RCMP extends its appreciation to all partner agencies and volunteers who assisted in this operation.”

He said that the case was referred to the Serious Incident Response Team, which investigates incidents involving death, serious injury or sexual assault involving a police officer.

In a statement, Thomas’ father Rick Thomas said the family was not notified for five hours that McKay Thomas had gone missing, adding that he could have helped with either a boat or rope in the time before the man was seen to go under.

In the statement, the family says it has questions about what was done to help Thomas in the water, saying that eyewitnesses had indicated he was struggling in the water for 10 to 15 minutes. The statement also said that Thomas had not been wanted for a serious crime, and questioned whether the pursuit was dangerous.

“The family feels the RCMP could have chosen a different intervention option other than a dangerous foot pursuit in proximity to the water,” according to the statement. It also questioned whether there were protocols in case to resolve issues involving an Indigenous person with mental health and addictions issues.

Video provided by the family appearing to be surveillance footage shows officers chasing a person along a riverside walkway. Video that appears to be witness footage shows a person in the water, with people standing on the shore at low tide.

In the statement, Rick Thomas also said members of the family had to stay for hours with McKay Thomas’ body on Sunday, which they said had been laid out on the sidewalk in public view. The statement alleges that RCMP refused to move the body into a vehicle or private place until a member of the coroner’s office arrived, despite the fact the body had been moved already from where it was first found.

“While standing with the body, the family was disturbed at the lack of officers available to keep the area free from the public,” the statement read.

Leblanc-Smith said Thursday that officers “immediately called for assistance” and engaged emergency response partners.

“Unfortunately, the individual went underwater very quickly, and officers were unable to safely intervene before specialized resources arrived,” Leblanc-Smith said in an email. He did not answer a question about how McKay Thomas entered the water.

He said that in “cases involving sudden death,” the coroner must release the body before it can be moved.

“While every effort is made to maintain dignity and privacy, the location and circumstances can present challenges. Officers did their best to shield the area from public view until the coroner arrived,” LeBlanc-Smith said. “This approach is consistent with standard practice in search and recovery operations.”

Leblanc-Smith said the RCMP “cannot confirm” the cultural background of the deceased, and said in general, “the RCMP is committed to ensuring that all interactions are conducted respectfully and in accordance with established policies and procedures.”

“When responding to situations involving vulnerable persons, including those who may have mental health or addiction challenges, officers follow de-escalation principles and seek to prioritize safety for everyone involved,” LeBlanc-Smith said.

SIRT spokesperson Khalehla Perrault said Monday that the agency was contacted Saturday by RCMP and “is reviewing all available information.” On Friday, SIRT said in a press release that the case “does not meet SIRT’s mandate for an investigation.”

In the release, SIRT said it has reviewed all information “including police files, body worn camera and video footage from local businesses.” It said that “evidence is clear that the actions of the officers did not result in the death of the male, and it was not foreseeable that the male would enter the water.”

SIRT director Erin Nauss said in a statement that each scenario is assessed individually, and that there must be “sufficient connection to an officers actions and an outcome” to trigger a criminal investigation.

When asked how it differs from cases where a person dies or is injured in police custody, she said in custody, police have “care and control” of the person, whereas in this case police had a legal reason to make an arrest and the individual fled.

Nauss said the investigation remains with the RCMP, which is responsible for “determining if there are any concerns with the conduct of their officers.”

“This is a heartbreaking situation, and my thoughts are with those who are grieving the loss of their loved one,” Nauss said.

After SIRT’s announcement, Rick Thomas said the family still “would like an investigation surrounding the safety of the chase and the response taken to rescue McKay.”

“Regardless of the fact that they were lawfully allowed to pursue him, they could have chosen to wait for a more safe and appropriate time,” Thomas said in a statement.

On Tuesday in Saint John provincial court, Crown prosecutor Chris Titus moved to withdraw outstanding files involving Thomas. Thomas had been sentenced in October to a year-long conditional sentence order, with eight months of probation, for two counts each of assault, breach of a no-contact order, and theft under $5,000, according to court records.

A warrant had been issued Nov. 4 on an allegation of breach of one of the order’s conditions, with the nature of the allegation not specified. The order included conditions to keep the peace, report to a supervisor, not to possess or consume drugs, to have no contact with the victim in the assault, and to reside in a residence approved by the supervisor.

Thomas’ pre-sentence report indicated that he lived in a tent after a house fire in January 2025. Thomas, a first-time offender, graduated from St. Stephen High School and took welding courses at NBCC and Red Deer College in Alberta. He was said to have moved at age 18 to work as a welder and pipefitter, returning in 2020 after work dried up. Thomas was said to have had substance abuse issues and depression, and had begun using fentanyl after the house fire, according to the report.

In the statement, his father said that Thomas struggled with substance abuse but the family “could not get any help” for him prior to his death. He said that they had been in communications with an Indigenous-based treatment facility regarding a placement for Thomas, a member of the Sipekne’katik First Nation. 

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