OPP officer charged with manslaughter in shooting death

[Michael Jack]

A Chatham-Kent OPP officer charged with manslaughter after a fatal shooting on Highway 401 last summer will return to court in late June following a judicial pre-trial.

Sean O’Rourke, a 24-year veteran officer, also faces a charge of criminal negligence causing death following the July 7, 2021, shooting during an officer response to a reported gas theft.

During O’Rourke’s brief appearance Wednesday, the court heard a judicial pre-trial has been arranged with the defence and an out-of-town Crown for May 19.

Court also heard the defence has requested the disclosure of further evidence in the case.

The case was adjourned to June 22 to provide time for the defence to receive and review the requested evidence, as well as to receive instructions following the judicial pre-trial.

There are two publication bans in place, including one that prohibits publication of any information that could identify the victim or witnesses, and another prohibiting the publication of any evidence heard during the pre-trial stage.

According to previously published reports, the charges against O’Rourke, 54, were laid by the Special Investigations Unit (SIU) on Jan. 14 following an investigation into the shooting that resulted in the death of a man.

O’Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the SIU.

According to details previously released by Ontario’s police watchdog, Chatham-Kent OPP officers had been responding to a report of a gasoline theft near Ridgetown.

Officers found the car they believed the suspect was driving travelling west on Highway 401 and began to follow. The car ended up in the ditch dividing the highway near the Highgate exit.

“One of the officers approached the vehicle, and his firearm discharged and shot the driver,” the SIU previously reported.

The man later died in hospital. The Special Investigation’s Unit is a civilian oversight agency that investigates all cases of death, serious injury or allegations of sexual assault involving police in Ontario.

https://www.chathamdailynews.ca/news/lo ... l-shooting

[Michael Jack]

Preliminary hearing dates for the Chatham-Kent OPP officer charged with manslaughter after a fatal shooting on Highway 401 last summer have now been booked into early next year.

Sean O’Rourke, a 25-year veteran officer, also faces a charge of criminal negligence causing death following the July 7, 2021, shooting during an officer response to a reported gas theft.

During a brief virtual court appearance in Chatham on Wednesday, the court heard that O’Rourke has a confirmation hearing booked for Nov. 14, followed by seven days for a preliminary hearing in early 2023 that include Jan. 9 to Jan. 13 and Feb. 6 and Feb. 7.

The court also heard the officer has elected to have a trial before a judge and jury.

There are two publication bans in place, including one that prohibits publication of any information that could identify the victim or witnesses, and another prohibiting the publication of any evidence heard during the pre-trial stage.

According to previously published reports, the charges against O’Rourke, 55, were laid by the Special Investigations Unit on Jan. 14 following an investigation into a police-involved shooting that resulted in the death of a man.

O’Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit..

According to details previously released by Ontario’s police watchdog, Chatham-Kent OPP officers had been responding to a report of a gasoline theft near Ridgetown.

Officers found the car they believed the suspect was driving travelling west on Highway 401 and began to follow. The car ended up in the ditch dividing the highway near the Highgate exit.

“One of the officers approached the vehicle, and his firearm discharged and shot the driver,” the SIU previously reported.

The man later died in hospital.

The Special Investigation’s Unit is a civilian oversight agency that investigates all cases of death, serious injury or allegations of sexual assault involving police in Ontario.

https://www.parisstaronline.com/news/lo ... early-2023

https://www.chathamdailynews.ca/news/lo ... early-2023

[Michael Jack]

A Chatham-Kent Ontario Provincial Police officer charged with manslaughter following a fatal shooting on Highway 401 in the summer of 2021 should know his fate later this month.

A Chatham-Kent provincial police officer charged with manslaughter following a fatal shooting on Highway 401 in the summer of 2021 should know if he’s going to trial by the end of this month.

A preliminary hearing into the allegations against Sean O’Rourke concluded on Tuesday. The officer is slated to appear in court on Feb. 23 for a decision on whether there’s sufficient evidence to proceed to trial.

O’Rourke, a 26-year veteran officer, also faces a charge of criminal negligence causing death following the July 7, 2021, shooting during an officer response to a reported gas theft.

There are two publication bans in place, including one that prohibits publication of any information that could identify the victim or witnesses, and another prohibiting the publication of any evidence heard during the pre-trial stage.

According to previously published reports, the charges against O’Rourke, 56, were laid by the Special Investigations Unit on Jan. 14, 2022, following an investigation into a police-involved shooting that resulted in the death of a man.

O’Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit.

According to details previously released by Ontario’s police watchdog, Chatham-Kent OPP officers had been responding to a report of a gasoline theft near Ridgetown.

Officers found the car they believed the suspect was driving travelling west on Highway 401 and began to follow. The car ended up in the ditch dividing the highway near the Highgate exit.

“One of the officers approached the vehicle, and his firearm discharged and shot the driver,” SIU officials previously reported.

The man later died in hospital.

The Special Investigation’s Unit is an arm’s-length civilian oversight agency that investigates all cases of death, serious injury or allegations of sexual assault involving police in Ontario.

https://www.chathamdailynews.ca/news/lo ... ter-charge

[Michael Jack]

A Chatham-Kent provincial police officer charged with manslaughter in a fatal shooting on Highway 401 in the summer of 2021 is headed to trial.

A Chatham-Kent provincial police officer charged with manslaughter in a fatal shooting on Highway 401 in the summer of 2021 is headed to trial.

Sean O’Rourke appeared in Chatham court on Wednesday.

In his ruling, Justice Robert Horton said he has to commit to trial whenever there’s a reasonable chance a properly instructed jury could come to a finding of guilt.

“I must assess the Crown’s case at its highest,” Horton said.

O’Rourke, a 26-year veteran officer, also faces a criminal negligence causing death charge following the July 7, 2021 shooting.

The matter will return to assignment court on May 29.

There are two publication bans in place, including one that prohibits publication of any information that could identify the victim or witnesses, and another prohibiting the publication of any evidence heard during the pre-trial stage.

The charges against O’Rourke, 56, were laid by the Special Investigations Unit on Jan. 14, 2022.

O’Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit.

According to details previously released by the SIU, Chatham-Kent OPP officers responded to a report of a gasoline theft near Ridgetown.

Officers spotted the car they believed the suspect was driving travelling west on Highway 401 and began to follow. The car ended up in the ditch dividing the highway near the Highgate exit.

“One of the officers approached the vehicle, and his firearm discharged and shot the driver,” the SIU previously reported.

The man died in hospital.

The Special Investigation’s Unit is a civilian oversight agency that investigates all cases of death, serious injury or allegations of sexual assault involving police in Ontario.

https://windsorstar.com/news/local-news ... ea62723d37

[Michael Jack]

The court case involving Ontario Provincial Police (OPP) officer Const. Sean O’Rourke will return to a Chatham courtroom on Sept. 9 before a trial date is scheduled for Sept. 25.

The provincial Special Investigations Unit (SIU) laid the charges against the officer on Jan. 14, 2022 following an investigation into the shooting death of a man in Chatham-Kent.

According to SIU investigators, the OPP responded to a gas theft in July 2021, when officers spotted a vehicle on the westbound lanes on Highway 401 and followed it.

The suspect vehicle rolled into a ditch near Highgate, Ont. and an officer’s firearm discharged, shooting the driver, as the officer approached the vehicle.

The man was rushed to hospital, but was later pronounced dead.

A section of the 401 was closed to traffic as part of the investigation.

The officer is charged with one count of manslaughter and one count of criminal negligence causing death.

https://windsor.ctvnews.ca/manslaughter ... -1.6418183

[Michael Jack]

A trial date has finally been set for a Chatham-Kent Ontario Provincial Police officer accused of killing a man on Highway 401 near Ridgetown in the summer of 2021.

Sean O'Rourke, 56, is charged with manslaughter and criminal negligence causing death in connection with the deadly shooting of a 25-year-old man in July of 2021.

Officer O'Rourke was responding to a reported gas theft near Ridgetown when the victim was shot in the upper torso. The victim later died at Chatham-Kent Health Alliance.

O'Rourke's trial will begin December 2, 2024 and is expected to last eight days.

Two publication bans are in place that prohibit any publication of information that could identify the victim or witnesses and another prohibiting the publication of any evidence heard during the pre-trial stage.

https://cknewstoday.ca/chatham/news/202 ... -ridgetown

[Michael Jack]

A new trial date has been set for a Chatham-Kent Ontario Provincial Police officer accused of killing a man on Highway 401 near Ridgetown in the summer of 2021.

Sean O'Rourke, 57, is charged with manslaughter and criminal negligence causing death in connection with the fatal shooting of a 25-year-old man in July of 2021.

Officer O'Rourke was responding to a reported gas theft near Ridgetown when the victim was shot in the upper torso. The victim later died at Chatham-Kent Health Alliance.

O'Rourke's initial trial was to begin on December 2, 2024, but experts were not available for those dates.

The new trial in Chatham May 12, 2025 is expected to last 7-8 days.

Two publication bans are in place that prohibit any publication of information that could identify the victim or witnesses and another prohibiting the publication of any evidence heard during the pre-trial stage.

https://sarnianewstoday.ca/chatham/news ... l-shooting

[Michael Jack]

A Chatham-Kent Ontario Provincial Police (OPP) officer charged in a fatal shooting in Ridgetown is now only facing one charge.

The criminal negligence causing death charge against Sean O'Rourke, 57, was dropped by the Crown in Chatham Superior Court on Friday morning.

O'Rourke is still facing a manslaughter charge and will go to trial on May 12, 2025.

O'Rourke is accused of killing a 25-year-old man on Highway 401 near Ridgetown in July of 2021.

Officer O'Rourke was responding to a reported gas theft near Ridgetown when the victim was shot in the upper torso.

The victim later died at Chatham-Kent Health Alliance.

The May trial in Chatham is expected to last 7-8 days.

Two publication bans are in place that prohibit any publication of information that could identify the victim or witnesses and another prohibiting the publication of any evidence heard during the pre-trial stage.

https://cknxnewstoday.ca/chatham/news/2 ... ess-charge

[Michael Jack]

An Ontario Provincial Police (OPP) officer is facing a judge-alone trial into a fatal shooting of an Indigenous man in Chatham-Kent in July 2021.

The trial began Monday at the Ontario Court of Justice in Chatham. Const. Sean O'Rourke is charged with manslaughter. He has pleaded not guilty. A previous charge of criminal negligence causing death was withdrawn.

On July 7, 2021, OPP responded to a call about a gasoline theft of $40. Officers located the vehicle believed to be involved travelling westbound on Highway 401 and followed it.

The vehicle ended up in the ditch dividing the highway. A firearm was discharged and Nicholas Edward Grieves, a 24-year-old-man, later died in hospital. Grieves was a member of Six Nations of the Grand River but had been staying in Windsor.

On Monday, Justice Bruce Thomas heard the Crown's examination of a forensic investigator with the Special Investigations Unit, the provincial police watchdog that investigated the case.

Additionally, Crown attorney Jason Nicol presented two videos shot by OPP and SIU from July 7, 2021, and showed the packed courtroom 36 photos from the scene including a few photos showing the red T-shirt worn by Grieves and a post-mortem picture showing the bullet strike in his right shoulder. Methamphetamine and fentanyl were found in his blood but were not the cause of death.

The court also heard an audio recording of the dispatch communications.

"We are gonna try to stop him," says O'Rourke in that recording.

Defence lawyer Sandy Khehra grilled Joseph Typer, the SIU forensic investigator, on the contents seized from the vehicle, which included a knife under the front passenger's seat.

Khehra showed the photos to the courtroom and asked if the forensic investigation showed whether the car was chased into the ditch or ended up itself.

"If it was driven by its own power into the ditch, I can't tell you that," replied Typer.

Khehra also questioned Typer if he can estimate the distance from where Grieves' car leaves the road and reached its final resting place in the ditch.

'I had never heard the gunshot before… it popped my eardrums': fiance

The court also heard testimony from Angela Keats, 28, who said she was Grieves' fiance and they had been engaged for two years before his death in 2021.

She said she was in the passenger seat that July day. She said they went to Woodstock where they picked up a friend of theirs. She told the court they then made their way to her parents' in Ingersoll.

"We went there so I can introduce him (Grieves) for the first time," she said in tears.

According to Keats' testimony, their friend used crystal meth during a stop made after they left Ingersoll. She said she didn't know if Grieves was successful in using the drug as well. Khehra pushed Keats on whether she was high as well, but she denied doing drugs that day.

From there, while enroute to Windsor, they stopped along Highway 401 for gas, which was pumped by their friend, and then drove off. Khehra questioned Keats on whether it was the plan all along to pump the gas and flee and she agreed.

Keats said a strange vehicle began following them soon after they left the gas station.

She said the vehicle was ahead of them, even after switching the lanes. During the cross examination from the defence, she said Grieves had the suspicion it was police. She said they started speeding and the car behind them hit them.

"I felt an impact and the car was spun out of control," she said.

Keats told the court that it happened so fast that the order of things is fuzzy. She said soon after the car was stationary, a police officer came up to the passenger side asking to "put the hands up" and then she heard a loud ringing.

"I had never heard the gunshot before… it popped my eardrums. My ear was immediately ringing," she said.

"He said 'oh shit, help me get him out of the car'… and then another officer and he took Nick out of the car."

Keats told the court the officers performed CPR and called for emergency services.

"I was freaking out asking them if he is going to be OK," she said.

She confessed to the court that she gave the officers a fake name because she didn't want to be separated from Grieves.

O'Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit in 2022.

The trial, which resumes Tuesday, is expected to last two weeks.

https://www.cbc.ca/news/canada/windsor/ ... -1.7532760

[Michael Jack]

The court heard dramatic new details Tuesday in the manslaughter trial of Ontario Provincial Police Const. Sean O'Rourke.

A fellow OPP officer who was with O'Rourke at the time of the shooting said he heard the officer say his gun went off.

"He uttered, he thinks his firearm went off, 'I think my gun went off,'" Sgt. Bradley Cooke told the court.

The judge-alone trial began Monday in the Superior Court of Justice in Chatham. O'Rourke is on trial for manslaughter in the July 2021 death of Nicholas Edward Grieves, 24, a member of Six Nations of the Grand River living in Windsor. O'Rourke has pleaded not guilty.

On Tuesday, the court heard from officers who were with O'Rourke in the moments before and after the shooting.

On July 7, 2021, OPP responded to a call about a gasoline theft of $40 at a Dutton gas station. Officers located the vehicle believed to be involved travelling westbound on Highway 401 and followed it.

Cooke was one of them. He told the court Tuesday that he was driving a marked vehicle behind O'Rourke's unmarked grey vehicle.

The uniformed officer told the court that their plan since receiving the dispatch call was to follow a tandem stop, a procedure in which a vehicle is boxed in as a way to stop it.

Cooke said Grieves "didn't seem to be speeding." While Cooke was driving in the right hand lane behind him, he said O'Rourke was in the left hand lane "pretty much was driving next to the suspect vehicle."

Soon enough, Cooke said he activated lights and sirens and immediately saw Grieves's car swerve a couple of times.

"It spun out, felt like a slow motion, but happened quickly, a 360, and went into the centre median… anticlockwise into the ditch," he said, noting he could hear the wheels spinning and car's muffler being very loud.

"Const. O'Rourke pulled quickly into the ditch where the suspect vehicle was."

Upon exiting his police cruiser, Cooke said heard screaming coming from inside the car.

"Const. O'Rourke had both of his hands with a firearm pointed to the vehicle," he said.

Cooke said he saw O'Rourke draw his weapon but did not draw his own.

Cooke recounts hearing O'Rourke say his firearm went off

Crown Attorney Jason Nicol asked whether Cooke heard a gunshot and the officer said he didn't — but told the court he heard O'Rourke saying his firearm went off while still pointing to the car.

Cooke said they pulled Grieves out of the car as he was unresponsive but didn't see any visible injuries. When they took his red T-shirt off, Cooke said "there was a bullet shot in his right arm."

"He was breathing but wasn't conscious."

Shortly, Cooke said Grieves stopped breathing and they conducted CPR for a while until the EMS arrived and took over.

'Above and beyond,' says OPP colleague says of O'Rourke

OPP Const. Lisa Peck, who was also on duty that day was also nearing the scene after having heard over radio O'Rourke asking for EMS citing a gunshot wound.

"I know a firearm had been discharged. I don't have any other specifics," she told the court.

She said that upon arrival she saw O'Rourke and Cooke performing CPR and she aided other companions of Grieves in the car.

During examination by O'Rourke's lawyer, Sandy Khehra, Peck said she had known O'Rourke for 17 years.

"Above and beyond," she said of O'Rourke's work ethic.

"Skilled, passionate about his job, he will help anyone improve their skills."

Two expert Crown witnesses for expected Wednesday.

O'Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit in 2022.

The trial is expected to last two weeks.

https://www.cbc.ca/news/canada/windsor/ ... -1.7533929

[Michael Jack]

The third day of the judge-alone trial of a Ontario Provincial Police (OPP) officer charged in a fatal shooting heard testimony from a gun expert and an expert in firearm training procedures and policies at OPP.

The trial began Monday at the Ontario Court of Justice in Chatham. Const. Sean O'Rourke is charged with manslaughter in the death of Nicholas Edward Grieves, a 24-year-old Windsor resident and member of Six Nations of the Grand River. He has pleaded not guilty.

On July 7, 2021, OPP responded to a call about a gasoline theft at a gas station along Highway 401 in Dutton. Officers located the vehicle believed to be involved travelling westbound on the highway and followed it. Soon enough, Grieves's car swerved a couple of times and ended up in the ditch.

So far, Crown witnesses have testified that Const. O'Rourke had both of his hands on a firearm pointed at the vehicle and he was heard saying that his firearm went off.

Judy Chin from the Centre for Forensic Sciences in Toronto, who was qualified Wednesday as a firearms expert, had examined O'Rourke's Glock 17M.

"The gun was working fine," she testified.

Chin said that she had performed multiple tests on the gun and it was working as it should have been with no mechanical or structural damage. She explained that the firearm has three safety features — trigger safety, fire pin safety and drop safety.

"All three safeties should be deactivated for the firearm to discharge," noting that the trigger has to be pulled to fire the weapon.

Crown Attorney Jason Nicol asked Chin whether the gun can "be fired without pulling the trigger."

"For this firearm, the trigger must be pulled. It doesn't have to be a person, but the trigger must be pulled," she replied.

'They are trained to keep their fingers off the trigger:' OPP firearm expert

OPP Inspector Jason Oxby also testified as an expert in firearm training procedures and policies at OPP.

Oxby told the court that OPP officers are trained every year and are taught that before patrols, they should check their firearms to see if they are working properly.

So far, it has been established that it was dark — almost pitch black — during the time of the incident in the wee hours of that July day.

Nicol asked Oxby about low-light training. He replied that officers are trained in artificially simulated environments to work under varying lights. Use of flashlights is part of that training.

"Obviously, police work 24-7, so roughly half of their time will be spent in no light or low light," he said.

Khehra asked Oxby about the weapon-mounted light, which is used to light up the subject, saying even though the trigger hasn't been pulled, the gun can be kept pointing at the subject to keep them illuminated.

Oxby told the court that the "lack of illumination" can be the reason to point the firearm at them.

Khehra also walked Oxby through his past testimony where he admits "that an error can be made" where instead of pressing the light switch, the trigger can get pulled in those low-light scenarios.

The court also heard about the provincial use of force model, which lays out the circumstances in which officers can draw their weapons.

Oxby said officers can do so when there are reasonable grounds that there is a risk to safety.

"Keep your fingers off the trigger….. Until you intend to fire," Oxby recounted different safety procedures, noting officers are trained to keep fingers outside the trigger guard.

"They are trained to keep their fingers off the trigger."

O'Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit in 2022.

The trial, which resumes Thursday with the defence's case, is expected to last two weeks.

https://www.cbc.ca/news/canada/windsor/ ... -1.7534959

[Michael Jack]

Day three of the manslaughter trial of a Chatham-Kent Ontario Provincial Police (CK OPP) officer featured two expert witnesses called by the prosecution.

CK OPP Constable Sean O'Rourke, 57, is charged with manslaughter in connection to the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown in July 2021.

O'Rourke was responding to a report of a gas theft when Grieves was shot in the upper torso. Grieves was later pronounced dead in hospital.

According to police, Grieves was fleeing from officers following the gas theft from the Dutton ONroute rest stop on Highway 401 at around 4:30 a.m. on July 7, 2021.

On Wednesday, the trial heard from Judy Chin, a firearms expert from the Centre of Forensic Sciences in Toronto, and OPP Inspector Jason Oxby, an expert on OPP firearms training.

Chin told the court in Chatham that she began examining O'Rourke's standard OPP-issue handgun, a Glock 17, 9 mm Luger, in October 2021. She also conducted test firing and concluded the gun was working properly.

She said an exam was also done in December 2021 on the pressure it would take to pull the trigger, adding that the amount of pressure required to pull the trigger is average to slightly heavy.

However, Chin noted there was no drop or bump test done to determine if the pistol would fire accidentally.

The court also heard OPP Inspector Oxby testify that new OPP officers get about 20 days of general firearms training at police college on rifles, shotguns, and handguns with 10 hours of live firing at a range specifically with the Glock.

They must also requalify to use their firearms every year, according to Oxby, adding that officers inspect their handguns, including an attached flashlight, every shift and report any problems.

Oxby also told the trial that OPP officers get about an hour of low-light training, which is important because the deadly shooting took place on a dark highway.

He also added that OPP Standard Operating Procedures state that officers can only unholster their handguns if there's a perceived safety threat that could result in bodily harm or death, and they must keep their finger off the trigger until their target is in their sight and they intend to shoot.

There was some debate about finger positioning and turning on the gun light as the defence suggested O'Rourke could have mistakenly pulled the trigger in a "high-stress" situation when he meant to turn on the light that night.

The trial continues on Thursday and Friday with experts to be called by the defence.

https://cknewstoday.ca/chatham/news/202 ... ing-policy

[Michael Jack]

The manslaughter trial of a Chatham-Kent OPP officer heard testimony from a ballistics expert Wednesday.

Const. Sean O’Rourke, 57, is on trial for manslaughter in the death of Nicholas Grieves, 24.

He was shot and killed by O’Rourke on July 7, 2021, after being pulled over on Highway 401 near Highgate.

Court learned Grieves – and two other passengers in his car – knowingly left the Dutton OnRoute service centre without paying for $40 in gas.

O’Rourke and the OPP Sergeant on duty that night did not pursue Grieves in a chase but rather conducted a “tandem stop” to pull Grieves over.

Sgt. Bradley Cook told the court while he was approaching Grieves’ car, he heard O’Rourke say, “I think my gun went off.”

Cook did not hear the gunshot but Grieves was shot through the right deltoid, armpit area.

The bullet, court learned, travelled across his chest, severing two main arteries to the upper limbs.

The officers – and later paramedics – tried to save Grieves’ life but he was pronounced dead at hospital.

Judy Chin, a ballistics expert from the Centre of Forensic Sciences testified Wednesday.

She was tasked with examining O’Rourke’s gun in late July 2021 and again in December.

Chin told the court she conducted a “trigger pull weight” test on his Glock 9-mm handgun.

Chin said it takes between 9.3 and 10.91 pounds of pressure – an average of 9.926 – for O’Rourkes gun to fire.

“It’s on the heavier side, but also average,” Chin told the judge.

She also told the court the Glock handgun has three safeties: one external and two inside the weapon.

Pulling back on the trigger – she said – would deactivate all three.

On cross-examination, Chin admitted she did not put O’Rourke’s firearm under a microscope to check for damage to the slider or side rails.

It’s not clear if the defence was alluding to O’Rourke’s police-issued gun having damage at the time of the shooting.

Chin also told the court she was not asked to conduct tests on what would happen if the gun was dropped or bumped.

An OPP training officer – Inspector Jason Oxby – also testified Wednesday.

He testified officers are trained to only pull their weapon out if it’s to preserve life or to show mercy to a wounded animal.

They cannot, he said, pull out a firearm simply to execute a vehicle stop.

He noted however officers can’t be told how or when to pull out their handgun because each call is “dynamic.”

Assistant Crown Attorney Jason Nicol closed his case Wednesday.

Defence lawyer Sandy Kehara told the judge he intends to call evidence from some experts.

Also, it’s expected O’Rourke will testify on Thursday.

https://www.ctvnews.ca/windsor/article/ ... p-officer/

[Michael Jack]

Const. Sean O’Rourke, 57, told the court Thursday the sequence of events that led to the death of Nicholas Grieves, 24.

Around 4:30 a.m. on July 7, 2021, court learned Grieves and two passengers knowingly stole $40 in gas from the Dutton OnRoute service centre.

O’Rourke conceded it wasn’t the most serious offence, but in his “experience,” it likely wasn’t an honest mistake given the time of day. He suspected the vehicle was stolen.

He and Sgt. Bradley Cook spotted the sedan not far down the 401. O’Rourke said the plan was not to chase the vehicle, but to conduct a “tandem stop.”

How Grieves reacted to that tandem stop changed how O’Rourke reacted, he told the court Thursday.

Contrary to Cook’s evidence, O’Rourke said Grieves was “weaving” back and forth in the slow lane, although not a high rate of speed.

O’Rourke went in front of Grieves – in an unmarked SUV – while Cook was behind in a fully decaled cruiser.

O’Rourke slowed down and waited for the highway to be straight, after the bends near Kenesserie Road.

He told the court he could tell Grieves was getting frustrated with the slow speed and would try to pass.

O’Rourke turned on his rear emergency lights – Cook put all emergency lights on.

Grieves then tried to pass on the right, before coming back into the slow lane.

O’Rourke then had to straddle the lanes when Grieves tried to pass on the left.

“He was motivated to flea,” O’Rourke testified.

The officer said he was shocked when Grieves “rammed” into his cruiser.

At this point, O’Rourke said Grieves’ car spun out of control, turning counterclockwise towards the center median.

The car went backwards into the ditch, struck the median high-tension wires; the force of which “lifted” the passenger side tires off the ground, according to O’Rourke.

“The wheels were spinning. The mud was flying. The muffler was obnoxiously loud,” O’Rourke said, testifying he believed Grieves was trying to get out of the ditch and back on the highway.

The ditch was full of water from a heavy overnight rainfall, court has learned.

“The driver was a threat,” O’Rourke said. “He (Grieves) didn’t care about the public. He didn’t care about his passengers. He was focused on getting away.”

By the time O’Rourke’s cruiser and Grieves’ sedan stopped moving, they were parallel on the side of the road. A position O’Rourke said was not ideal.

“His (Grieves’) eyes were crazed,” the officer said.

He left his cruiser, pulled his firearm, straightened his arms and walked towards the sedan, downwards on the ditch slope.

“I didn’t slip backwards, I stumbled forward and with the angle of the slope and losing my balance forward, I was basically propelled into the car,” O’Rourke said his entire upper body was in the car, his lower body against the door.

O’Rourke insisted Thursday his finger was not on the trigger but rather the slide of his police-issued Glock 9mm handgun.

“The gun itself was completely accessible to the two front passengers, and I just wanted to get out of there,” O’Rourke said.

O’Rourke said he was shocked, terrified, and panicked when he realized his gun had gone off.

“I was hoping it was a through and through,” O’Rourke said.

Court has learned Grieves was shot through the right deltoid. The bullet travelled across his chest, severing two main arteries to the upper limbs.

O’Rourke and Cook pulled Grieves out of the car and tried to save him but were unsuccessful.

Grieves was rushed to hospital by paramedics and pronounced dead by staff at the Emergency Room.

O’Rourke was emotional at times during his testimony, specifically when he spoke negatively about Grieves and how the young man was driving.

“I can’t figure out what happened,” O’Rourke said. “I had zero intention of deploying a round.”

O’Rourke will be cross-examined Friday.

https://www.ctvnews.ca/windsor/article/ ... ter-trial/

[Michael Jack]

Const. Sean O’Rourke, 57, has pleaded not guilty to a single charge of manslaughter for the July 7, 2021 death of Nicholas Grieves, 24.

Grieves, and two other passengers, stole $40 in gas from the Dutton OnRoute around 4:30 a.m. before driving towards Windsor in the westbound lanes.

O’Rourke and Sergeant Bradley Cook responded to the call and went straight to the 401 where they ‘hid’ under the Orford Road overpass.

Cook told the court Tuesday the officers had no intention to chase the car but planned to execute a “tandem stop”, using their cruisers.

It didn’t take long – Cook said - until they say Grieves vehicle, “driving normally” past them. It was not speeding, he testified.

They pulled out behind Grieves and followed him; O’Rourke in an ‘subdued’ – aka unmarked - Dodge Durango with Cook in a fully decaled SUV.

When Grieves attempted to pass a transport truck, O’Rourke was in his lane, blocking the path.

Cook told the court Grieves then tried to drive in-between the truck and cruiser so O’Rourke put on his emergency lights.

At that point, Grieves’ car “spun out” a full 360 degrees before crossing into the fast lane, over the rumble strips and into the water-filled center median.

Cook testified Grieves tried to get out of the ditch by revving the engine but got stuck.

He told the court he saw O’Rourke with his firearm pointed towards the car but did not hear a gunshot.

He did, however, hear O’Rourke say, “I think my gun went off”, before crossing in front of the car to the driver.

Both officers pulled Grieves out of the drivers seat and started CPR on the grassy hill. Paramedics would take over and rush him to hospital where Grieves was pronounced dead.

Cook described O’Rourke as “calm” during the entire incident but “shaken” afterwards when he was escorted back to the detachment.

The trial will continue Wednesday.

https://www.ctvnews.ca/windsor/article/ ... ior-court/