Const. Sean O'Rourke testified on Thursday that he tripped and fell into the car Nicholas Grieves was driving shortly before Grieves's death — and that he doesn't know how the gun he was carrying went off.
O'Rourke is on trial this week for manslaughter in a judge-alone trial in Chatham Superior court.
He has pleaded not guilty.
Grieves, 24, was living in Windsor at the time of his death and was a member of Six Nations of the Grand River.
On July 7, 2021, the OPP responded to a call about a gasoline theft at a gas station along Highway 401 in Dutton, Ont. Officers located the vehicle, believed to be travelling westbound, and followed it.
"A theft fuel call is almost all the times coupled with more serious criminal activities," O'Rourke told the court as the rationale for making the pursuit.
O'Rourke said the car's "continuous weaving" made him believe the driver was impaired, fatigued or texting while driving.
O'Rourke said he and another officer, Sgt. Bradley Cooke — who testified Tuesday, agreed to perform a tandem stop, in which a vehicle is boxed in to stop it.
But O'Rourke said Grieves kept accelerating.
"The operator of the vehicle came over into my lane and rammed the front of my trooper," he said. "It was shocking. It astonished me.… I never had anyone ram my police vehicle, let alone at 100 kilometres [an hour].… It was very violent, unexpected and intentional."
Passenger, driver not 'obeying commands'
O'Rourke said after the impact, he saw Grieves's car spin and land in the ditch.
"It conducted a full 360 [degree] turn," he said, adding the vehicle's passenger side tires lifted off the ground several inches.
O'Rourke said he then could see the driver in his rearview mirror and understood there was a front passenger, too.
"I could directly see into the eyes of the driver. His eyes were extremely crazed, bugging out of his face," he told the court.
O'Rourke said he saw the driver looking at the centre console, which he found "concerning," and thought Grieves was trying to get a weapon.
"The Grieves family will have to excuse me but this driver was completely crazed. He didn't care about me."
O'Rourke says he drew his firearm and started ordering the driver to show his hands.
"Neither the passenger nor the driver were obeying commands.… Their hands were down."
'The gun went off.… I didn't know how'
O'Rourke said he stepped forward to see what the driver was doing as he kept rummaging through the centre console.
"I stumbled forward, much like stubbing a toe on a piece of furniture,… losing balance and I was propelled into the car," he said.
O'Rourke said his hands and shoulders were now in the car as he kept holding his gun with his elbows locked out and arms extended, with his gun accessible to the front seat passengers.
He demonstrated to the court how he was holding his gun with both hands with his fingers on the firearm's slide.
O'Rourke said he didn't see a gun inside and started struggling to get free.
"The gun went off. It completely shocked me. I didn't know why. I didn't know how," he told the court in tears.
He said he removed himself from the car and immediately administered first aid.
He told the court they performed CPR on Grieves and he also did an artificial resuscitation, and eventually EMS arrived and took over.
O'Rourke says he felt his actions met the bar for the police use of force model, which says there must be a risk of serious bodily harm or death. The model was discussed in Wednesday's court proceedings.
"There's no question. I absolutely felt that the situation met the mandate of serious bodily harm or death," he said.
On Wednesday, a firearms expert who had examined O'Rourke's gun testified it was in good working order.
The Crown is expected to cross-examine O'Rourke on Friday.
O'Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit in 2022.
https://www.cbc.ca/news/canada/windsor/ ... -1.7535927
OPP officer charged with manslaughter in shooting death
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OPP officer accused of manslaughter says he tripped, fell into suspect car
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Chatham-Kent OPP officer takes the stand in manslaughter trial
An Ontario Provincial Police (OPP) officer who is charged with manslaughter took the stand on the fourth day of his trial in Chatham.
Constable Sean O'Rourke, 57, is charged in connection to the fatal shooting of Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021.
O'Rourke testified on Thursday, answering questions about his background, his policing career, and his training.
He also testified about the strategy, procedure, and events that led up to the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown in July 2021.
Constable O'Rourke noted that the suspect vehicle he was following on Highway 401 on July 7, 2021 was weaving across the road before he pulled his unmarked police vehicle in front of it to prevent the suspect from moving ahead of him on the highway.
The constable noted that he activated the emergency lights on his police vehicle at the same time that another OPP officer, whose marked cruiser was behind the suspect vehicle, activated emergency lights.
Constable O'Rourke testified that once the emergency lights had been activated, the driver of the suspect vehicle sped up and attempted to pass his vehicle on the paved right shoulder of the highway before it rammed his cruiser.
"He was completely crazed -- he didn't care about me," said O'Rourke. "He didn't care about the public and he didn't care about his passengers... he was completely focused on getting away."
After hitting O'Rourke's vehicle, the suspect vehicle spun out across the highway and went off the road into the grass centre median, according to Constable O'Rourke, noting that he got a clear look at the driver at that point.
"His eyes were extremely crazed, they were bugging out of his head," said O'Rourke, adding that he saw the driver looking back at his cruiser before the driver's eyes shifted down to the centre console.
Constable O'Rourke said after what he had witnessed, and based on his experience in similar situations, he presumed there was a weapon in the vehicle.
He said the driver then hit the gas in an attempt to flee, spinning the wheels, and sending dirt flying.
Constable O'Rourke said the suspect vehicle gradually slowed down to the point where he decided he would slow his police vehicle down to a stop.
Constable O'Rourke said at that point, he drew his police firearm and called out several commands as loudly as he could as he approached the vehicle.
The constable testified to activating a white light on his pistol so that he could see clearly into the vehicle.
He testified that the driver and the passenger were not obeying police commands as he approached the suspect vehicle before he stumbled toward the vehicle, and then into the suspect vehicle itself on the passenger side.
His hands, which were still holding the gun, went into the vehicle as he stumbled forward.
Constable O'Rourke testified he was trying to back himself up out of the vehicle when his gun went off.
"I had zero intention of deploying a round," said O'Rourke. "I didn't know why, I didn't know how."
Constable O'Rourke testified that as far as he remembers, his trigger finger was on the "slide" of the gun, not the trigger, the whole time he was holding it.
After a recess, O'Rourke's testimony continued.
The defence asked O'Rourke if he feared serious harm or death when he got out of his car the morning of July 7, 2021.
"There's no question, I felt that situation fit the mandate of serious bodily harm or death," O'Rourke told the courtroom.
Prior to that, O'Rourke outlined the relevant firearm training he received at the Ontario Police College. He also said he served on the Tactics and Rescue Unit for a few years and walked the courtroom through some of the training required to serve, including: psychological and physical testing, firearms training, hostage rescue and advanced sniper courses.
After he left the TRU, O'Rourke said he was a use of force instructor and firearms instructor. When he returned to Chatham, he said he trained several times a year to try and keep his skills up.
When asked by the defense if he could estimate how many high-risk takedowns he had conducted on vehicles over the years, O'Rourke first said no, then suggested the number would be "at least 50."
The Crown requested a delay on the cross-examination of O'Rourke after receiving new information Thursday. The trial will resume Friday morning.
Both the defense and Crown suggested the evidence portion of the trial would wrap up Tuesday after testimony from one more expert witness.
https://cknewstoday.ca/chatham/news/202 ... hter-trial
Constable Sean O'Rourke, 57, is charged in connection to the fatal shooting of Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021.
O'Rourke testified on Thursday, answering questions about his background, his policing career, and his training.
He also testified about the strategy, procedure, and events that led up to the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown in July 2021.
Constable O'Rourke noted that the suspect vehicle he was following on Highway 401 on July 7, 2021 was weaving across the road before he pulled his unmarked police vehicle in front of it to prevent the suspect from moving ahead of him on the highway.
The constable noted that he activated the emergency lights on his police vehicle at the same time that another OPP officer, whose marked cruiser was behind the suspect vehicle, activated emergency lights.
Constable O'Rourke testified that once the emergency lights had been activated, the driver of the suspect vehicle sped up and attempted to pass his vehicle on the paved right shoulder of the highway before it rammed his cruiser.
"He was completely crazed -- he didn't care about me," said O'Rourke. "He didn't care about the public and he didn't care about his passengers... he was completely focused on getting away."
After hitting O'Rourke's vehicle, the suspect vehicle spun out across the highway and went off the road into the grass centre median, according to Constable O'Rourke, noting that he got a clear look at the driver at that point.
"His eyes were extremely crazed, they were bugging out of his head," said O'Rourke, adding that he saw the driver looking back at his cruiser before the driver's eyes shifted down to the centre console.
Constable O'Rourke said after what he had witnessed, and based on his experience in similar situations, he presumed there was a weapon in the vehicle.
He said the driver then hit the gas in an attempt to flee, spinning the wheels, and sending dirt flying.
Constable O'Rourke said the suspect vehicle gradually slowed down to the point where he decided he would slow his police vehicle down to a stop.
Constable O'Rourke said at that point, he drew his police firearm and called out several commands as loudly as he could as he approached the vehicle.
The constable testified to activating a white light on his pistol so that he could see clearly into the vehicle.
He testified that the driver and the passenger were not obeying police commands as he approached the suspect vehicle before he stumbled toward the vehicle, and then into the suspect vehicle itself on the passenger side.
His hands, which were still holding the gun, went into the vehicle as he stumbled forward.
Constable O'Rourke testified he was trying to back himself up out of the vehicle when his gun went off.
"I had zero intention of deploying a round," said O'Rourke. "I didn't know why, I didn't know how."
Constable O'Rourke testified that as far as he remembers, his trigger finger was on the "slide" of the gun, not the trigger, the whole time he was holding it.
After a recess, O'Rourke's testimony continued.
The defence asked O'Rourke if he feared serious harm or death when he got out of his car the morning of July 7, 2021.
"There's no question, I felt that situation fit the mandate of serious bodily harm or death," O'Rourke told the courtroom.
Prior to that, O'Rourke outlined the relevant firearm training he received at the Ontario Police College. He also said he served on the Tactics and Rescue Unit for a few years and walked the courtroom through some of the training required to serve, including: psychological and physical testing, firearms training, hostage rescue and advanced sniper courses.
After he left the TRU, O'Rourke said he was a use of force instructor and firearms instructor. When he returned to Chatham, he said he trained several times a year to try and keep his skills up.
When asked by the defense if he could estimate how many high-risk takedowns he had conducted on vehicles over the years, O'Rourke first said no, then suggested the number would be "at least 50."
The Crown requested a delay on the cross-examination of O'Rourke after receiving new information Thursday. The trial will resume Friday morning.
Both the defense and Crown suggested the evidence portion of the trial would wrap up Tuesday after testimony from one more expert witness.
https://cknewstoday.ca/chatham/news/202 ... hter-trial
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Stumbling explanation a ‘fabrication’: Crown grills Chatham-Kent OPP officer on trial for manslaughter
Const. Sean O’Rourke, now 57, testified in his own defence Thursday and Friday about the events that led to the shooting death of Nicholas Grieves, 24.
The father of one was shot while seated behind the wheel of a sedan along Highway 401 near Highgate in the early morning hours of July 7, 2021.
O’Rourke and a Sergeant on duty responded to report of gas theft; $40 had been stolen from the Dutton OnRoute.
It was O’Rourke’s idea to conduct a “tandem stop”, and he told the court he had no intention of it turning into a police chase.
Assistant Crown Attorney Jason Nichol grilled O’Rourke Friday for how he reacted once the sedan drove past him on the edge of the 401.
Nichol said O’Rourke had no reason to suspect the gas theft was anything other than an honest mistake.
O’Rourke disagreed, arguing in his experience, a theft of gas in the early morning hours could easily be because the vehicle was stolen or the passengers inside had some criminal reason to not stick around a gas station.
Once the officers turned on their emergency lights on the 401, court learned Grieves lost control of his car.
“Criminality was confirmed when he took flight,” O’Rourke told the court Friday.
At that point, O’Rourke told the court the situation had escalated to a “high risk takedown”, particularly when the car drove backwards into the ditch and kept driving, trying to get back onto the highway.
Court learned Friday that O’Rourke’s cruiser came to a stop eight feet in front of the sedan; not an ideal angle the officer said.
He told the court he exited his cruiser, pulled his handgun and walked towards the car, but he tripped on the uneven ground and fell into the car.
“I’m going to suggest to you your stumble theory is a fabrication,” Nichol said to O’Rourke.
“That’s obnoxious,” O’Rourke muttered before adding, “No. I disagree.”
Nichol asked how a highly skilled and trained officer could not recall where his trigger finger was for a few brief seconds, but have clear and specific memory about all the other details in the shooting.
“How could you not have control of your trigger finger at all times?” Nichol asked.
“I did going forward (into the car). I’m not sure coming back,” the officer replied.
He told Justice Bruce Thomas on Friday he “believes” the gun went off as he moved “rearward” to try to get out of the front seat of the car.
O’Rourke said his entire upper body was over the passenger side door, with his gun right in front of the passenger’s face.
A spent shell casing was found by the SIU on the floor of the sedan.
In more than 30 years in policing, O’Rourke said this shooting was the first time he ever pointed his police-issued firearm at a suspect.
A defence expert is slated to testify Tuesday about use of force.
https://www.ctvnews.ca/windsor/article/ ... slaughter/
The father of one was shot while seated behind the wheel of a sedan along Highway 401 near Highgate in the early morning hours of July 7, 2021.
O’Rourke and a Sergeant on duty responded to report of gas theft; $40 had been stolen from the Dutton OnRoute.
It was O’Rourke’s idea to conduct a “tandem stop”, and he told the court he had no intention of it turning into a police chase.
Assistant Crown Attorney Jason Nichol grilled O’Rourke Friday for how he reacted once the sedan drove past him on the edge of the 401.
Nichol said O’Rourke had no reason to suspect the gas theft was anything other than an honest mistake.
O’Rourke disagreed, arguing in his experience, a theft of gas in the early morning hours could easily be because the vehicle was stolen or the passengers inside had some criminal reason to not stick around a gas station.
Once the officers turned on their emergency lights on the 401, court learned Grieves lost control of his car.
“Criminality was confirmed when he took flight,” O’Rourke told the court Friday.
At that point, O’Rourke told the court the situation had escalated to a “high risk takedown”, particularly when the car drove backwards into the ditch and kept driving, trying to get back onto the highway.
Court learned Friday that O’Rourke’s cruiser came to a stop eight feet in front of the sedan; not an ideal angle the officer said.
He told the court he exited his cruiser, pulled his handgun and walked towards the car, but he tripped on the uneven ground and fell into the car.
“I’m going to suggest to you your stumble theory is a fabrication,” Nichol said to O’Rourke.
“That’s obnoxious,” O’Rourke muttered before adding, “No. I disagree.”
Nichol asked how a highly skilled and trained officer could not recall where his trigger finger was for a few brief seconds, but have clear and specific memory about all the other details in the shooting.
“How could you not have control of your trigger finger at all times?” Nichol asked.
“I did going forward (into the car). I’m not sure coming back,” the officer replied.
He told Justice Bruce Thomas on Friday he “believes” the gun went off as he moved “rearward” to try to get out of the front seat of the car.
O’Rourke said his entire upper body was over the passenger side door, with his gun right in front of the passenger’s face.
A spent shell casing was found by the SIU on the floor of the sedan.
In more than 30 years in policing, O’Rourke said this shooting was the first time he ever pointed his police-issued firearm at a suspect.
A defence expert is slated to testify Tuesday about use of force.
https://www.ctvnews.ca/windsor/article/ ... slaughter/
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Use of Force expert testifies at Chatham-Kent OPP officer manslaughter trial
A Use of Force expert testified Tuesday in the trial of a Chatham-Kent OPP officer, who is charged with manslaughter.
Christopher Butler said Constable Sean O’Rourke’s actions were reasonable and its “possible” his handgun could have unintentionally gone off.
O’Rourke has pleaded not guilty to manslaughter in the death of Nicholas Grieves, 24, who was shot on July 7, 2021 while behind the wheel of a car along the side of Highway 401 in Chatham-Kent.
Butler said police have less than half a second to draw their weapon when under threat by an armed suspect.
He told the court traffic enforcement is one of the most dangerous assignments for police because they “don’t know who they’re pulling over.”
Butler said – in his opinion – O’Rourke’s reaction (leaving his cruiser, walking down a slope and drawing his handgun) was reasonable given how the car was being driven.
Court has previously learned Grieves was involved in a theft of $40 in gas from the Dutton ONRoute.
After O’Rourke activated his emergency lights, Grieves tried to swerve around the cruiser to the right, lost control and drove down into the center median ditch, where he continued to try to get away even though the ditch was filled with water.
Butler said O’Rourke was reacting to a dynamic situation that was increasingly tense.
He also testified “it’s possible” O’Rourke’s handgun could have unintentionally gone off while he struggled to get out of the front seat of the car.
Butler told the judge in three other cases he’s aware of, handguns have gone off while in a holster after a significant bump.
On cross-examination, Butler admitted to the crown it was purely speculative and not based on any evidence at trial, that O’Rourke’s firearm could have inadvertently gone off.
The Crown also noted the car was not reported stolen when O’Rourke pulled it over and he had no information on the occupants.
Jason Nichol argued O’Rourke assumed based on past experiences that the drivers were suspicious.
Butler countered police can’t assume that a suspect vehicle is not a threat either.
The defence evidence is now concluded.
Closing arguments will be held Friday and Justice Bruce Thomas said he will need time to consider his judgment.
https://www.ctvnews.ca/windsor/article/ ... ter-trial/
Christopher Butler said Constable Sean O’Rourke’s actions were reasonable and its “possible” his handgun could have unintentionally gone off.
O’Rourke has pleaded not guilty to manslaughter in the death of Nicholas Grieves, 24, who was shot on July 7, 2021 while behind the wheel of a car along the side of Highway 401 in Chatham-Kent.
Butler said police have less than half a second to draw their weapon when under threat by an armed suspect.
He told the court traffic enforcement is one of the most dangerous assignments for police because they “don’t know who they’re pulling over.”
Butler said – in his opinion – O’Rourke’s reaction (leaving his cruiser, walking down a slope and drawing his handgun) was reasonable given how the car was being driven.
Court has previously learned Grieves was involved in a theft of $40 in gas from the Dutton ONRoute.
After O’Rourke activated his emergency lights, Grieves tried to swerve around the cruiser to the right, lost control and drove down into the center median ditch, where he continued to try to get away even though the ditch was filled with water.
Butler said O’Rourke was reacting to a dynamic situation that was increasingly tense.
He also testified “it’s possible” O’Rourke’s handgun could have unintentionally gone off while he struggled to get out of the front seat of the car.
Butler told the judge in three other cases he’s aware of, handguns have gone off while in a holster after a significant bump.
On cross-examination, Butler admitted to the crown it was purely speculative and not based on any evidence at trial, that O’Rourke’s firearm could have inadvertently gone off.
The Crown also noted the car was not reported stolen when O’Rourke pulled it over and he had no information on the occupants.
Jason Nichol argued O’Rourke assumed based on past experiences that the drivers were suspicious.
Butler countered police can’t assume that a suspect vehicle is not a threat either.
The defence evidence is now concluded.
Closing arguments will be held Friday and Justice Bruce Thomas said he will need time to consider his judgment.
https://www.ctvnews.ca/windsor/article/ ... ter-trial/
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Closing submissions up next in manslaughter trial for CK OPP officer
The manslaughter trial for a Chatham-Kent Ontario Provincial Police (CK OPP) officer continued on Tuesday with testimony from a police use of force, firearms training, and tactical expert called by the defence.
Constable Sean O'Rourke is on trial for the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021 following a gas theft.
Expert Christopher Butler told the Superior Court in Chatham that a firearm can go off in many ways, not just by someone pulling the trigger.
Butler said a mechanical malfunction, an unintended object entering into the trigger guard, and a loss of balance or a slip and clutch can all make a handgun go off.
Butler noted that O'Rourke unholstering his gun was consistent with police training based on all of the factors, risks, and threats in front of him at that time.
He also said that O'Rourke having his gun pointed at the suspect was appropriate because officers are trained to look over a firearm to locate a suspect's hands in case there's a weapon and officers often have just a split second to respond to a serious threat.
Butler noted officers have to do a risk assessment and determine lethal force very quickly because they only have between .25 and .5 seconds to draw a weapon and react to a threat, specially if the threat escalates quickly and the situation is unstable.
His testimony included that officers have little to no time to think because high risk situations can often unfold quickly.
Butler told the court that an officer drawing his firearm is a "very significant step" and he wouldn't change his opinion or testimony when the prosecution pointed out that O'Rourke's colleague, Sergeant Bradley Cook, didn't draw his gun when he responded that night.
Butler noted the suspect had the opportunity to give up when ordered to do so and didn't comply, making it a "significant risk factor" for O'Rourke.
O'Rourke testified on Friday that he drew his gun because he feared the possibility of serious harm or death based on the circumstances.
O'Rourke also testified that he stumbled on the grassy median and his gun went off as he was fighting feverishly to pull himself out of the car.
The trial resumes on Friday with closing submissions.
https://cknewstoday.ca/chatham/news/202 ... -this-week
Constable Sean O'Rourke is on trial for the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021 following a gas theft.
Expert Christopher Butler told the Superior Court in Chatham that a firearm can go off in many ways, not just by someone pulling the trigger.
Butler said a mechanical malfunction, an unintended object entering into the trigger guard, and a loss of balance or a slip and clutch can all make a handgun go off.
Butler noted that O'Rourke unholstering his gun was consistent with police training based on all of the factors, risks, and threats in front of him at that time.
He also said that O'Rourke having his gun pointed at the suspect was appropriate because officers are trained to look over a firearm to locate a suspect's hands in case there's a weapon and officers often have just a split second to respond to a serious threat.
Butler noted officers have to do a risk assessment and determine lethal force very quickly because they only have between .25 and .5 seconds to draw a weapon and react to a threat, specially if the threat escalates quickly and the situation is unstable.
His testimony included that officers have little to no time to think because high risk situations can often unfold quickly.
Butler told the court that an officer drawing his firearm is a "very significant step" and he wouldn't change his opinion or testimony when the prosecution pointed out that O'Rourke's colleague, Sergeant Bradley Cook, didn't draw his gun when he responded that night.
Butler noted the suspect had the opportunity to give up when ordered to do so and didn't comply, making it a "significant risk factor" for O'Rourke.
O'Rourke testified on Friday that he drew his gun because he feared the possibility of serious harm or death based on the circumstances.
O'Rourke also testified that he stumbled on the grassy median and his gun went off as he was fighting feverishly to pull himself out of the car.
The trial resumes on Friday with closing submissions.
https://cknewstoday.ca/chatham/news/202 ... -this-week
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CK OPP officer's manslaughter trial concludes, verdict set for June
A Chatham-Kent Ontario Provincial Police (CK OPP) officer on trial for manslaughter will learn his fate next month.
OPP Constable Sean O'Rourke, 58, is charged in the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021 following a gas theft.
The prosecution and defence made their closing submissions in Chatham Superior Court on Friday.
Crown Attorney Jason Nicol argued there was no reason for O'Rourke to fire his gun, saying the officer exaggerated the risks he was facing that night to justify drawing his gun.
Nicol called firing the gun "a dangerous and unlawful act" and noted that O'Rourke shouldn't have had his finger on the trigger, questioning why there was no call for backup.
He called O'Rourke's account of a stumble that propelled him partly inside the car "fabricated," adding that pointing the gun was an overreaction.
O'Rourke previously testified that he stumbled into the car and may have discharged his gun unintentionally with a clutch reflex when he tried to back out.
"The stumble theory is just a convenient explanation by the accused designed to make it seem like the discharge was unforeseen and completely beyond his control," Nicol said.
Nicol also told the court that everything happened so fast that the suspects didn't have time to react to surrender commands issued by O'Rourke.
He also questioned how O'Rourke could have seen Grieves' "crazed eyes" when Grieves was inside the car when O'Rourke approached with his gun already drawn.
"How he was able to see such a minute detail from his position 10-12 metres behind the car on a very dark highway lacks credibility to say the least," said Nicol.
He added the people inside the car didn't make any threatening gestures, say anything threatening, or brandished any weapons, adding that O'Rourke couldn't have been shooting to stop the car because under Canadian law, officers can't shoot to stop fleeing cars.
Nicol also accused O'Rourke of having a convenient memory.
"It defies common sense that he cannot recall the most important issue in this trial and that is how his gun fired," said Nicol. "This memory gap is a transparent attempt to avoid the obvious and that is, he fired the gun and he knows it."
Nicol said his theory is that O'Rourke knows his finger slid off the trigger guard and pulled the trigger and he's not admitting or his finger was on the trigger the whole time, adding there were no reasonable grounds to protect against death or serious bodily harm.
Defence lawyer Sandy Khehra disagreed, saying that a police firearms and training expert testified that drawing the gun was justified under dangerous circumstances.
He also noted that people forget things when they're under stress.
Khehra also disagreed the gun's muzzle should have been pointed down and not at Grieves, adding that it made no sense because O'Rourke was using his gun light to try and see what was in the car and where Grieves' hands were.
He also told the court there's no doubt that O'Rourke stumbled and the evidence proves it.
The judge had many questions during the closing submissions.
Justice Bruce Thomas wondered why there was no de-escalation attempt before the gun was drawn, asking "what's the rush" because the suspect's car was stuck in the mud and not going anywhere.
Thomas also pointed out that OPP Sergeant Bradley Cook, who arrived shortly after O'Rourke, didn't draw his gun.
Calling it "ridiculous", Thomas also questioned why there was no accident reconstruction because O'Rourke previously testified that Grieves rammed his unmarked cruiser while trying to flee.
Justice Thomas will render his decision on June 24, 2025 at 2 p.m.
https://cknxnewstoday.ca/chatham/news/2 ... t-for-june
https://windsornewstoday.ca/chatham/new ... t-for-june
OPP Constable Sean O'Rourke, 58, is charged in the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021 following a gas theft.
The prosecution and defence made their closing submissions in Chatham Superior Court on Friday.
Crown Attorney Jason Nicol argued there was no reason for O'Rourke to fire his gun, saying the officer exaggerated the risks he was facing that night to justify drawing his gun.
Nicol called firing the gun "a dangerous and unlawful act" and noted that O'Rourke shouldn't have had his finger on the trigger, questioning why there was no call for backup.
He called O'Rourke's account of a stumble that propelled him partly inside the car "fabricated," adding that pointing the gun was an overreaction.
O'Rourke previously testified that he stumbled into the car and may have discharged his gun unintentionally with a clutch reflex when he tried to back out.
"The stumble theory is just a convenient explanation by the accused designed to make it seem like the discharge was unforeseen and completely beyond his control," Nicol said.
Nicol also told the court that everything happened so fast that the suspects didn't have time to react to surrender commands issued by O'Rourke.
He also questioned how O'Rourke could have seen Grieves' "crazed eyes" when Grieves was inside the car when O'Rourke approached with his gun already drawn.
"How he was able to see such a minute detail from his position 10-12 metres behind the car on a very dark highway lacks credibility to say the least," said Nicol.
He added the people inside the car didn't make any threatening gestures, say anything threatening, or brandished any weapons, adding that O'Rourke couldn't have been shooting to stop the car because under Canadian law, officers can't shoot to stop fleeing cars.
Nicol also accused O'Rourke of having a convenient memory.
"It defies common sense that he cannot recall the most important issue in this trial and that is how his gun fired," said Nicol. "This memory gap is a transparent attempt to avoid the obvious and that is, he fired the gun and he knows it."
Nicol said his theory is that O'Rourke knows his finger slid off the trigger guard and pulled the trigger and he's not admitting or his finger was on the trigger the whole time, adding there were no reasonable grounds to protect against death or serious bodily harm.
Defence lawyer Sandy Khehra disagreed, saying that a police firearms and training expert testified that drawing the gun was justified under dangerous circumstances.
He also noted that people forget things when they're under stress.
Khehra also disagreed the gun's muzzle should have been pointed down and not at Grieves, adding that it made no sense because O'Rourke was using his gun light to try and see what was in the car and where Grieves' hands were.
He also told the court there's no doubt that O'Rourke stumbled and the evidence proves it.
The judge had many questions during the closing submissions.
Justice Bruce Thomas wondered why there was no de-escalation attempt before the gun was drawn, asking "what's the rush" because the suspect's car was stuck in the mud and not going anywhere.
Thomas also pointed out that OPP Sergeant Bradley Cook, who arrived shortly after O'Rourke, didn't draw his gun.
Calling it "ridiculous", Thomas also questioned why there was no accident reconstruction because O'Rourke previously testified that Grieves rammed his unmarked cruiser while trying to flee.
Justice Thomas will render his decision on June 24, 2025 at 2 p.m.
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Judge mulls fate of police officer charged in fatal on-duty shooting
Const. Sean O’Rourke has pleaded not guilty after shooting Nicholas Edward Grieves, 24, near Chatham in the early morning of July 7, 2021.
CHATHAM – An Ontario Provincial Police officer on trial for manslaughter in the on-duty shooting of a 24-year-old will learn his legal fate in late June with closing submissions complete by the Crown and defence.
Const. Sean O’Rourke, 58, has pleaded not guilty after shooting Nicholas Edward Grieves, 24, of Brantford, in the early morning of July 7, 2021.
The incident stemmed from the theft of $40 worth of gas from the ONroute rest stop along Hwy. 401 at Dutton, when O’Rourke and Sgt. Bradley Cook responded to a call just after 4:30 a.m. about a gold-coloured car with a loud muffler leaving the scene travelling west.
The officer previously testified his training and experience in locating contraband, such as illegal weapons and drugs, raised concerns this was more than a routine theft of gas, especially because it happened so early in the morning.
Defence lawyer Sandy Khehra said a lot happened in the 87 seconds between the time O’Rourke and Cook activated their lights to pull over a 2003 Sunfire being driven by Grieves, with two passengers, and the shooting.
O’Rourke has testified about the situation escalating when Grieves rammed into the unmarked OPP Dodge Durango he was driving while attempting to get through a narrow gap between the officer’s vehicle and a transport truck.
Khehra noted the oversight of police has gone to the “extreme,” but added it doesn’t mean police are “now expected to retreat anytime there is a dangerous situation.”
The lawyer said O’Rourke did not create the situation, “he reacted to the situation, a very quick, dangerous situation.”
Superior Court Justice Bruce Thomas pointed out the 87 seconds leading up to the shooting can be viewed two ways.
He said the officer had to react quickly to what he saw as a threat. Alternatively, the other side is: Did O’Rourke “need to force the issue in 87 seconds?”
The judge added this question will be part of his decision.
Court heard the shooting occurred after the 2003 Pontiac Sunfire being driven by Grieves spun off the road after striking O’Rourke and ended up stuck in the mud of the centre median of the 401 near the Chatham-Kent community of Highgate.
The officer testified to stumbling down the slope of the median after getting out of his vehicle with his Glock model 17 handgun drawn, stating the forward motion propelled his arms, head and part of his shoulder through the open passenger-side window of the car.
O’Rourke testified it was during this struggle while panicked that he ended up in the vehicle with his weapon within easy reach of Grieves and a front seat passenger, Angela Keats, and that his weapon fired, hitting Grieves
The Brantford man died later in hospital after a bullet severed two of his arteries.
Crown attorney Jason Nicol alleges O’Rourke’s carelessness was three-fold.
He said no reasonable officer would have drawn his gun after getting out of his vehicle.
The Crown acknowledges there was a risk but added: “There was no reasonable grounds to conclude that it was necessary to protect against death or serious bodily harm.”
Nicol added the risk O’Rourke anticipated never materialized to justify pointing his gun.
Nicol believes O’Rourke fabricated the stumble story to provide a “non-careless” explanation for his gun firing.
The Crown also cited the inability of O’Rourke to explain how his weapon fired. “It is a reasonable inference” that he violated “a key gun safety rule” to keep your finger off the trigger until a target is selected and you intend to shoot.
Nicol said O’Rourke was careless in his use of a firearm, which is an “objectively unlawful act” that meets the requirements for manslaughter.
Khehra disagreed that no reasonable officer would have drawn their weapon in this situation. He pointed to testimony by use-of-force expert Christopher Butler, who said O’Rourke was justified.
As for the officer stumbling, Khehra said physical, reliable evidence corroborates what happened. He added it was a high-stress situation with things happening fast.
Khehra said it is not known if O’Rourke pulled the trigger, citing it could have been an outside source, the gun hitting something or the officer’s finger being on the trigger.
He added everything circles back to the question of whether or not O’Rourke should have pulled his gun.
The matter returns to court June 24 when Thomas is expected to deliver a decision.
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CHATHAM – An Ontario Provincial Police officer on trial for manslaughter in the on-duty shooting of a 24-year-old will learn his legal fate in late June with closing submissions complete by the Crown and defence.
Const. Sean O’Rourke, 58, has pleaded not guilty after shooting Nicholas Edward Grieves, 24, of Brantford, in the early morning of July 7, 2021.
The incident stemmed from the theft of $40 worth of gas from the ONroute rest stop along Hwy. 401 at Dutton, when O’Rourke and Sgt. Bradley Cook responded to a call just after 4:30 a.m. about a gold-coloured car with a loud muffler leaving the scene travelling west.
The officer previously testified his training and experience in locating contraband, such as illegal weapons and drugs, raised concerns this was more than a routine theft of gas, especially because it happened so early in the morning.
Defence lawyer Sandy Khehra said a lot happened in the 87 seconds between the time O’Rourke and Cook activated their lights to pull over a 2003 Sunfire being driven by Grieves, with two passengers, and the shooting.
O’Rourke has testified about the situation escalating when Grieves rammed into the unmarked OPP Dodge Durango he was driving while attempting to get through a narrow gap between the officer’s vehicle and a transport truck.
Khehra noted the oversight of police has gone to the “extreme,” but added it doesn’t mean police are “now expected to retreat anytime there is a dangerous situation.”
The lawyer said O’Rourke did not create the situation, “he reacted to the situation, a very quick, dangerous situation.”
Superior Court Justice Bruce Thomas pointed out the 87 seconds leading up to the shooting can be viewed two ways.
He said the officer had to react quickly to what he saw as a threat. Alternatively, the other side is: Did O’Rourke “need to force the issue in 87 seconds?”
The judge added this question will be part of his decision.
Court heard the shooting occurred after the 2003 Pontiac Sunfire being driven by Grieves spun off the road after striking O’Rourke and ended up stuck in the mud of the centre median of the 401 near the Chatham-Kent community of Highgate.
The officer testified to stumbling down the slope of the median after getting out of his vehicle with his Glock model 17 handgun drawn, stating the forward motion propelled his arms, head and part of his shoulder through the open passenger-side window of the car.
O’Rourke testified it was during this struggle while panicked that he ended up in the vehicle with his weapon within easy reach of Grieves and a front seat passenger, Angela Keats, and that his weapon fired, hitting Grieves
The Brantford man died later in hospital after a bullet severed two of his arteries.
Crown attorney Jason Nicol alleges O’Rourke’s carelessness was three-fold.
He said no reasonable officer would have drawn his gun after getting out of his vehicle.
The Crown acknowledges there was a risk but added: “There was no reasonable grounds to conclude that it was necessary to protect against death or serious bodily harm.”
Nicol added the risk O’Rourke anticipated never materialized to justify pointing his gun.
Nicol believes O’Rourke fabricated the stumble story to provide a “non-careless” explanation for his gun firing.
The Crown also cited the inability of O’Rourke to explain how his weapon fired. “It is a reasonable inference” that he violated “a key gun safety rule” to keep your finger off the trigger until a target is selected and you intend to shoot.
Nicol said O’Rourke was careless in his use of a firearm, which is an “objectively unlawful act” that meets the requirements for manslaughter.
Khehra disagreed that no reasonable officer would have drawn their weapon in this situation. He pointed to testimony by use-of-force expert Christopher Butler, who said O’Rourke was justified.
As for the officer stumbling, Khehra said physical, reliable evidence corroborates what happened. He added it was a high-stress situation with things happening fast.
Khehra said it is not known if O’Rourke pulled the trigger, citing it could have been an outside source, the gun hitting something or the officer’s finger being on the trigger.
He added everything circles back to the question of whether or not O’Rourke should have pulled his gun.
The matter returns to court June 24 when Thomas is expected to deliver a decision.
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‘No criminal conduct’: Chatham-Kent OPP officer found not guilty of manslaughter
Const. Sean O’Rourke, 58, was acquitted Tuesday in the on-duty death of Nicholas Grieves, 24.
He was shot and killed on July 7, 2021, while seated behind the wheel of his car, in the center median of Highway 401 near Highgate.
Constable O’Rourke pulled Grieves’ vehicle over for a theft of $40 in gas from the Dutton ONRoute.
O’Rourke testified at trial that Grieves did not pull his car over after the emergency lights were turned on.
He also alleged Grieves rammed into his cruiser.
O’Rourke told the court he doesn’t know why his handgun went off after he tripped and stumbled into the front seat of Grieves’ car.
Grieves fiancée at the time told the court she is still traumatized by the incident and said the gun went off near her face, while seated in the front passenger seat.
O’Rourke acted ‘reasonably and objectively’
Justice Bruce Thomas’ judgment Tuesday took more than 75 minutes to read into the record, in front of a standing-room only courtroom.
It was packed with more than 100 people, primarily supports of O’Rourke, with more than a dozen for the Grieves family.
Put simply, Justice Thomas rejected the evidence of Grieves’ passengers and accepted the evidence of the officer.
“O’Rourke was confronted with a suspect who would do anything to escape,” Justice Thomas said.
“I am not prepared to second guess the officer’s decision in these circumstances.”
The judge ruled that it was Grieves who struck the officers cruiser in an attempt to get away from police.
He said the incident then became “something more” than a routine traffic stop for a theft of gas.
Although the judge characterized O’Rourke’s use of a tandem stop as “aggressive”, he agreed with how O’Rourke responded after the cruiser was struck.
Grieves drove down into the center median, which was full of water from an early morning rainfall.
The judge agreed with O’Rourke’s evidence that Grieves continued to try to get out of the ditch by revving the engine, he did not obey commands to put his hands up and Grieves kept looking in the center console.
“Police action should not be judged against a standard of perfection,” Justice Thomas said.
“It must be remembered that police engage in dangerous and demanding work and often have to react quickly to emergencies. Their actions should be judged in light of exigent circumstances.”
The judge also agreed with O’Rourke’s evidence that he stumbled walking down the slope towards Grieves’ car, forcing his upper body into the car.
The shell casing for the 9-mm shot at Grieves was found inside the car.
The judge further ruled he accepts that O’Rourke’s finger slid down onto the trigger as the officer tried to get out of the front seat.
“Const. O’Rourke’s gun should never have been fired. Nicholas Grieves should never have been killed,” Justice Thomas said.
“There was, however, no criminal conduct by the officer.”
Courtroom reactions
One person with the Grieves family was emotional during the judgment.
Family members swiftly exited the courthouse Tuesday after the decision.
The people in the courtroom in support of O’Rourke didn’t make obvious reactions and the officer himself barely reacted.
He declined to speak with the media after the judgment, according to his lawyer, Sandip Khehra.
“He just wants his privacy and just wants a moment to reflect,” Khehra said.
“It’s been a long almost four years for him.”
Khehra said O’Rourke is “relieved” by the decision.
“As his Honour said, there’s still someone that’s dead and so its still not really a day of joy but relief, at least for one person.”
OPPA statement
The Ontario Provincial Police Association issued a statement after O’Rourke’s’ acquittal.
“The OPP Association supports OPP Provincial Constable Sean O’Rourke
Today, PC O’Rourke was acquitted of manslaughter in Ontario Provincial Court in Chatham relating to a line of duty incident that occurred on Highway 401 near Ridgetown, Ontario on July 7, 2021.
On that day, a 25yr old man tragically died as PC O’Rourke and other police officers were trying to apprehend the suspect while fleeing police after a theft of gas.
The lives of the family of the deceased, our police officers and our civilian members have been forever impacted."
OPP Association President John Cerasuolo commented:
“We respect the court’s decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations. Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control. This has been an extraordinarily difficult period for all involved, and we remain committed to supporting Provincial Constable O’Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event.”
Defence Counsel Sandy Khehra added:
“It is essential that the law recognizes the realities and risks inherent in policing. Police officers are entrusted to use reasonable force to protect themselves and others. We are relieved that the court’s decision reflects this understanding.”
Available resources:
The OPP Association encourage anyone impacted by this situation to reach out and lean on those closest to them, as well as seek professional mental health assistance.
For members of the public, the Canadian Mental Health Association has a number of resources on their website ontario.cmha.ca.
The Ontario Provincial Police Association’s (OPPA) Encompas Mental Health Wellness Program is available to our members and their families by calling 24/7: 1-866-794-9117 or by visiting encompascare.ca.
Confidential support services are available to all OPP members, families, retirees, and auxiliaries through the OPP’s Healthy Workplace Team (HWT) available by phone, toll-free at 1-844-OPP-9409 (1-844-677-9409), or by directly contacting any HWT member.
https://www.ctvnews.ca/windsor/article/ ... slaughter/
He was shot and killed on July 7, 2021, while seated behind the wheel of his car, in the center median of Highway 401 near Highgate.
Constable O’Rourke pulled Grieves’ vehicle over for a theft of $40 in gas from the Dutton ONRoute.
O’Rourke testified at trial that Grieves did not pull his car over after the emergency lights were turned on.
He also alleged Grieves rammed into his cruiser.
O’Rourke told the court he doesn’t know why his handgun went off after he tripped and stumbled into the front seat of Grieves’ car.
Grieves fiancée at the time told the court she is still traumatized by the incident and said the gun went off near her face, while seated in the front passenger seat.
O’Rourke acted ‘reasonably and objectively’
Justice Bruce Thomas’ judgment Tuesday took more than 75 minutes to read into the record, in front of a standing-room only courtroom.
It was packed with more than 100 people, primarily supports of O’Rourke, with more than a dozen for the Grieves family.
Put simply, Justice Thomas rejected the evidence of Grieves’ passengers and accepted the evidence of the officer.
“O’Rourke was confronted with a suspect who would do anything to escape,” Justice Thomas said.
“I am not prepared to second guess the officer’s decision in these circumstances.”
The judge ruled that it was Grieves who struck the officers cruiser in an attempt to get away from police.
He said the incident then became “something more” than a routine traffic stop for a theft of gas.
Although the judge characterized O’Rourke’s use of a tandem stop as “aggressive”, he agreed with how O’Rourke responded after the cruiser was struck.
Grieves drove down into the center median, which was full of water from an early morning rainfall.
The judge agreed with O’Rourke’s evidence that Grieves continued to try to get out of the ditch by revving the engine, he did not obey commands to put his hands up and Grieves kept looking in the center console.
“Police action should not be judged against a standard of perfection,” Justice Thomas said.
“It must be remembered that police engage in dangerous and demanding work and often have to react quickly to emergencies. Their actions should be judged in light of exigent circumstances.”
The judge also agreed with O’Rourke’s evidence that he stumbled walking down the slope towards Grieves’ car, forcing his upper body into the car.
The shell casing for the 9-mm shot at Grieves was found inside the car.
The judge further ruled he accepts that O’Rourke’s finger slid down onto the trigger as the officer tried to get out of the front seat.
“Const. O’Rourke’s gun should never have been fired. Nicholas Grieves should never have been killed,” Justice Thomas said.
“There was, however, no criminal conduct by the officer.”
Courtroom reactions
One person with the Grieves family was emotional during the judgment.
Family members swiftly exited the courthouse Tuesday after the decision.
The people in the courtroom in support of O’Rourke didn’t make obvious reactions and the officer himself barely reacted.
He declined to speak with the media after the judgment, according to his lawyer, Sandip Khehra.
“He just wants his privacy and just wants a moment to reflect,” Khehra said.
“It’s been a long almost four years for him.”
Khehra said O’Rourke is “relieved” by the decision.
“As his Honour said, there’s still someone that’s dead and so its still not really a day of joy but relief, at least for one person.”
OPPA statement
The Ontario Provincial Police Association issued a statement after O’Rourke’s’ acquittal.
“The OPP Association supports OPP Provincial Constable Sean O’Rourke
Today, PC O’Rourke was acquitted of manslaughter in Ontario Provincial Court in Chatham relating to a line of duty incident that occurred on Highway 401 near Ridgetown, Ontario on July 7, 2021.
On that day, a 25yr old man tragically died as PC O’Rourke and other police officers were trying to apprehend the suspect while fleeing police after a theft of gas.
The lives of the family of the deceased, our police officers and our civilian members have been forever impacted."
OPP Association President John Cerasuolo commented:
“We respect the court’s decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations. Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control. This has been an extraordinarily difficult period for all involved, and we remain committed to supporting Provincial Constable O’Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event.”
Defence Counsel Sandy Khehra added:
“It is essential that the law recognizes the realities and risks inherent in policing. Police officers are entrusted to use reasonable force to protect themselves and others. We are relieved that the court’s decision reflects this understanding.”
Available resources:
The OPP Association encourage anyone impacted by this situation to reach out and lean on those closest to them, as well as seek professional mental health assistance.
For members of the public, the Canadian Mental Health Association has a number of resources on their website ontario.cmha.ca.
The Ontario Provincial Police Association’s (OPPA) Encompas Mental Health Wellness Program is available to our members and their families by calling 24/7: 1-866-794-9117 or by visiting encompascare.ca.
Confidential support services are available to all OPP members, families, retirees, and auxiliaries through the OPP’s Healthy Workplace Team (HWT) available by phone, toll-free at 1-844-OPP-9409 (1-844-677-9409), or by directly contacting any HWT member.
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OPP officer acquitted of manslaughter in shooting death of Nicholas Grieves
A Chatham-Kent OPP officer has been found not guilty of manslaughter in the shooting death of a 24-year-old man on Highway 401 in July of 2021.
Constable Sean O'Rourke was facing a charge of manslaughter in the shooting death of Nicholas Grieves. The 24-year-old was shot dead in his car in the median of Highway 401 near Ridgetown on July 7, 2021 following a gas theft at the OnRoute near Dutton.
Justice Bruce Thomas ruled in Chatham Superior Court on Tuesday afternoon that O'Rourke was justified in drawing his gun and pointing it at Grieves because he thought he was in danger.
O'Rourke previously testified Grieves was looking down at an open centre console in the car and thought he was reaching for a weapon.
Thomas said he believed O'Rourke's testimony and evidence and wasn't prepared to second guess the officer under the difficult circumstances, adding there was no criminal conduct by O'Rourke or careless use of a firearm because the shell casing was found inside the suspect's car.
O'Rourke previously testified that he pointed his gun at Grieves, but stumbled while approaching the suspect vehicle and the gun was unintentionally discharged inside the vehicle while he was trying to back himself out of it.
The judge also accepted that O'Rourke didn't know how his gun went off, adding "it wasn't necessary to resolve this issue."
Thomas noted he took into account the pitch-dark environment during the arrest and the urgency and danger O'Rourke felt because Grieves' car engine was revving loudly and the tires were spinning as he tried to escape after ramming O'Rourke's cruiser.
Thomas also said he didn't find much of the testimony from the two passengers in the suspect vehicle credible because they admitted lying to police.
He also told the court he thought the tandem stop by O'Rourke and a colleague was aggressive, but not wrong, adding the death of Grieves was "a tragic accident."
The court heard Grieves had methamphetamine and fentanyl in his blood at the time of his death.
He also had a lengthy criminal record with 36 convictions between 2015 and 2021, including armed robbery and drug offences.
In closing arguments in May, Crown Attorney Jason Nicol argued there was no reason for O'Rourke to fire his gun, saying the officer exaggerated the risks he was facing that night to justify drawing his gun.
Nicol called firing the gun "a dangerous and unlawful act" and noted that O'Rourke shouldn't have had his finger on the trigger, questioning why there was no call for backup.
But defence lawyer Sandy Khehra disagreed, saying that a police firearms and training expert testified that drawing the gun was justified under dangerous circumstances.
He also noted that people forget things when they're under stress.
Khehra also disagreed the gun's muzzle should have been pointed down and not at Grieves, adding that it made no sense because O'Rourke was using his gun light to try and see what was in the car and where Grieves' hands were.
"We respect the court’s decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations. Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control," said OPP Association President John Cerasuolo in a statement released after the verdict. "This has been an extraordinarily difficult period for all involved, and we remain committed to supporting Provincial Constable O’Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event.”
https://windsornewstoday.ca/windsor/new ... as-grieves
Constable Sean O'Rourke was facing a charge of manslaughter in the shooting death of Nicholas Grieves. The 24-year-old was shot dead in his car in the median of Highway 401 near Ridgetown on July 7, 2021 following a gas theft at the OnRoute near Dutton.
Justice Bruce Thomas ruled in Chatham Superior Court on Tuesday afternoon that O'Rourke was justified in drawing his gun and pointing it at Grieves because he thought he was in danger.
O'Rourke previously testified Grieves was looking down at an open centre console in the car and thought he was reaching for a weapon.
Thomas said he believed O'Rourke's testimony and evidence and wasn't prepared to second guess the officer under the difficult circumstances, adding there was no criminal conduct by O'Rourke or careless use of a firearm because the shell casing was found inside the suspect's car.
O'Rourke previously testified that he pointed his gun at Grieves, but stumbled while approaching the suspect vehicle and the gun was unintentionally discharged inside the vehicle while he was trying to back himself out of it.
The judge also accepted that O'Rourke didn't know how his gun went off, adding "it wasn't necessary to resolve this issue."
Thomas noted he took into account the pitch-dark environment during the arrest and the urgency and danger O'Rourke felt because Grieves' car engine was revving loudly and the tires were spinning as he tried to escape after ramming O'Rourke's cruiser.
Thomas also said he didn't find much of the testimony from the two passengers in the suspect vehicle credible because they admitted lying to police.
He also told the court he thought the tandem stop by O'Rourke and a colleague was aggressive, but not wrong, adding the death of Grieves was "a tragic accident."
The court heard Grieves had methamphetamine and fentanyl in his blood at the time of his death.
He also had a lengthy criminal record with 36 convictions between 2015 and 2021, including armed robbery and drug offences.
In closing arguments in May, Crown Attorney Jason Nicol argued there was no reason for O'Rourke to fire his gun, saying the officer exaggerated the risks he was facing that night to justify drawing his gun.
Nicol called firing the gun "a dangerous and unlawful act" and noted that O'Rourke shouldn't have had his finger on the trigger, questioning why there was no call for backup.
But defence lawyer Sandy Khehra disagreed, saying that a police firearms and training expert testified that drawing the gun was justified under dangerous circumstances.
He also noted that people forget things when they're under stress.
Khehra also disagreed the gun's muzzle should have been pointed down and not at Grieves, adding that it made no sense because O'Rourke was using his gun light to try and see what was in the car and where Grieves' hands were.
"We respect the court’s decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations. Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control," said OPP Association President John Cerasuolo in a statement released after the verdict. "This has been an extraordinarily difficult period for all involved, and we remain committed to supporting Provincial Constable O’Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event.”
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Chatham-Kent OPP constable not guilty in 2021 shooting death of Six Nations man in Ontario
A Chatham-Kent Ontario Provincial Police officer has been found not guilty in the 2021 shooting death of a man from Six Nations of the Grand River near Brantford.
Justice Bruce Thomas released his decision in Superior Court on Tuesday, nearly a month after Const. Sean O'Rourke's judge-alone manslaughter trial had ended.
Thomas found O'Rourke had acted reasonably in the early-morning hours of July 7, 2021, when he shot 24-year-old Nicholas Grieves following a Highway 401 pursuit after Grieves was being sought in the theft of $40 worth of gas from a Dutton gas station.
"Police action should not be judged against the standard of perfection … their action should be judged against the circumstances," Thomas told the courtroom, which was so crowded that some attendees were sitting in the jury box.
Both O'Rourke and Tricia Grieves, Nicholas's mother, were in tears as the judge delivered his verdict.
Defence lawyer Sandip (Sandy) Khehra said his client is relieved by the verdict, adding that O'Rourke is seeking privacy and a moment to reflect.
"As His Honour said, there is still someone that is dead," he said. "And so it's still not really a day of joy, but of relief for one person."
Khehra said he was impressed with the judge's decision and his understanding of the issues.
"We are here playing Monday morning quarterback on something that was seconds long and tragic, there's no denying, but at the same time, I think, you know, police officers have a job to do, so next time you see a police officer driving by, thank them for their service."
Lawyers presented different versions of events
In the seven-day trial that started last month, lawyers for the defence and the Crown presented competing versions of events.
Khehra argued Grieves's car had rammed the officer's during a Highway 401 chase, spinning out of control and stopping before O'Rourke tripped and fell into the car, during which time his gun went off, shooting Grieves.
The car having rammed O'Rourke's cruiser meant the incident was more dangerous and that O'Rourke was correct to drawn his weapon, Khehra said.
Crown lawyer Jason Nicol argued that was all a fabrication — that O'Rourke had no reason to pursue a chase of Grieves's car over a small theft, that his cruiser was not rammed with the force described and that O'Rourke was a highly trained tactical officer whose gun was in perfect working condition.
It was through his carelessness, Nicol argued, that Grieves was shot, and it could only have happened because O'Rourke pulled the trigger.
Much of the evidence and testimony in the trial centred on the 87 seconds between when O'Rourke made the decision to turn on his police vehicle lights to stop the car carrying Grieves and two other people and the moment Grieves was shot.
Grieves was a Six Nations member but had been staying in Windsor.
Case 'reflects complexities' of policing: association
In a statement following the verdict, the Ontario Provincial Police Association said "the lives of the family of the deceased, our police officers and our civilian members have been forever impacted."
"We respect the court's decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations," said John Cerasuolo, the association's president. "Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control.
"This has been an extraordinarily difficult period for all involved, and we remain committed to supporting provincial Const. O'Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event."
https://www.cbc.ca/news/canada/windsor/ ... -1.7569517
Justice Bruce Thomas released his decision in Superior Court on Tuesday, nearly a month after Const. Sean O'Rourke's judge-alone manslaughter trial had ended.
Thomas found O'Rourke had acted reasonably in the early-morning hours of July 7, 2021, when he shot 24-year-old Nicholas Grieves following a Highway 401 pursuit after Grieves was being sought in the theft of $40 worth of gas from a Dutton gas station.
"Police action should not be judged against the standard of perfection … their action should be judged against the circumstances," Thomas told the courtroom, which was so crowded that some attendees were sitting in the jury box.
Both O'Rourke and Tricia Grieves, Nicholas's mother, were in tears as the judge delivered his verdict.
Defence lawyer Sandip (Sandy) Khehra said his client is relieved by the verdict, adding that O'Rourke is seeking privacy and a moment to reflect.
"As His Honour said, there is still someone that is dead," he said. "And so it's still not really a day of joy, but of relief for one person."
Khehra said he was impressed with the judge's decision and his understanding of the issues.
"We are here playing Monday morning quarterback on something that was seconds long and tragic, there's no denying, but at the same time, I think, you know, police officers have a job to do, so next time you see a police officer driving by, thank them for their service."
Lawyers presented different versions of events
In the seven-day trial that started last month, lawyers for the defence and the Crown presented competing versions of events.
Khehra argued Grieves's car had rammed the officer's during a Highway 401 chase, spinning out of control and stopping before O'Rourke tripped and fell into the car, during which time his gun went off, shooting Grieves.
The car having rammed O'Rourke's cruiser meant the incident was more dangerous and that O'Rourke was correct to drawn his weapon, Khehra said.
Crown lawyer Jason Nicol argued that was all a fabrication — that O'Rourke had no reason to pursue a chase of Grieves's car over a small theft, that his cruiser was not rammed with the force described and that O'Rourke was a highly trained tactical officer whose gun was in perfect working condition.
It was through his carelessness, Nicol argued, that Grieves was shot, and it could only have happened because O'Rourke pulled the trigger.
Much of the evidence and testimony in the trial centred on the 87 seconds between when O'Rourke made the decision to turn on his police vehicle lights to stop the car carrying Grieves and two other people and the moment Grieves was shot.
Grieves was a Six Nations member but had been staying in Windsor.
Case 'reflects complexities' of policing: association
In a statement following the verdict, the Ontario Provincial Police Association said "the lives of the family of the deceased, our police officers and our civilian members have been forever impacted."
"We respect the court's decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations," said John Cerasuolo, the association's president. "Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control.
"This has been an extraordinarily difficult period for all involved, and we remain committed to supporting provincial Const. O'Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event."
https://www.cbc.ca/news/canada/windsor/ ... -1.7569517
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Chatham-Kent cop not guilty of manslaughter in Hwy 401 shooting
CHATHAM — Chatham-Kent Ontario Provincial Police Const. Sean O’Rourke has been found not guilty of manslaughter in the fatal shooting of a Brantford man on Highway 401 in July 2021.
Superior Court Justice Bruce Thomas took more than an hour to read his decision in a Chatham courtroom on Tuesday that found O’Rourke, 58, did not commit a criminal act or careless use of his firearm during the incident that led to the shooting of Nicholas Edward Grieves, 24, in the early morning of July 7, 2021.
The courtroom was packed with supporters for the 31-year veteran officer, with several people hugging him after the charge was dismissed.
The fatal incident stemmed from the theft of $40 worth of gas from the Dutton ONroute rest stop. O’Rourke and Sgt. Bradley Cook responded to a call just after 4:30 a.m. about a gold-coloured car with a loud muffler leaving the scene and travelling west.
The officer previously testified his training and experience in locating contraband, such as illegal weapons and drugs, raised concerns this was more than a routine theft of gas, especially because it happened so early in the morning.
The judge found credible O’Rourke’s testimony that when Grieves failed to pull over as the two officers attempted a tandem stop — instead hitting the officer’s unmarked SUV cruiser before spinning into the centre median — the incident escalated to a dangerous level.
He found the officer was justified in drawing his weapon.
Thomas accepted O’Rourke’s assessment that, when Grieves continued to try to drive the vehicle from the mud-filled median, the Brantford man had no concern for the officer’s or anyone else’s safety and was focused on avoiding apprehension.
The judge believed O’Rourke’s testimony that he tripped and stumbled on the slope of the median incline and the momentum carried his upper torso with his weapon into the open passenger side window of the vehicle being driven by Grieves.
The firearm discharged, with a single bullet severing two of Grieves’ arteries. He died later in hospital.
Thomas also found O’Rourke’s testimony credible that the officer didn’t know why his issued Glock 17 firearm accidentally fired as the officer struggled to free himself from inside the vehicle.
Citing Section 25 of the Police Services Act regarding the justification of actions by officers when using necessary force, Thomas found O’Rourke’s actions reasonable.
Grieves being accidentally shot “was a tragic accident,” the judge said.
The family of Grieves quickly left the courthouse after the not-guilty decision. When contacted by Postmedia’s Chatham Daily News, Grieves’ mother, Tricia, said she needs time to try to understand what happened.
After the verdict, O’Rourke’s lawyer Sandy Khehra spoke briefly with media on behalf of the officer.
O’Rourke is “relieved and just wants his privacy and just wants a moment to reflect,” said Khehra, adding he was “very impressed” with Thomas.
“It is essential that the law recognizes the realities and risks inherent in policing,” the lawyer said. “Police officers are entrusted to use reasonable force to protect themselves and others.
“We are relieved that the court’s decision reflects this understanding,” he said.
The Ontario Provincial Police Association said in a statement issued after the verdict: “The lives of the family of the deceased, our police officers and our civilian members have been forever impacted.”
OPP Association president John Cerasuolo also commented: “We respect the court’s decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations.
“Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control,” Cerasuolo said.
“This has been an extraordinarily difficult period for all involved, and we remain committed to supporting Provincial Const. O’Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event,” the association president said.
The association encouraged anyone impacted by this situation to reach out and lean on those closest to them, as well as seek professional mental health assistance.
https://windsorstar.com/news/local-news ... 1-shooting
Superior Court Justice Bruce Thomas took more than an hour to read his decision in a Chatham courtroom on Tuesday that found O’Rourke, 58, did not commit a criminal act or careless use of his firearm during the incident that led to the shooting of Nicholas Edward Grieves, 24, in the early morning of July 7, 2021.
The courtroom was packed with supporters for the 31-year veteran officer, with several people hugging him after the charge was dismissed.
The fatal incident stemmed from the theft of $40 worth of gas from the Dutton ONroute rest stop. O’Rourke and Sgt. Bradley Cook responded to a call just after 4:30 a.m. about a gold-coloured car with a loud muffler leaving the scene and travelling west.
The officer previously testified his training and experience in locating contraband, such as illegal weapons and drugs, raised concerns this was more than a routine theft of gas, especially because it happened so early in the morning.
The judge found credible O’Rourke’s testimony that when Grieves failed to pull over as the two officers attempted a tandem stop — instead hitting the officer’s unmarked SUV cruiser before spinning into the centre median — the incident escalated to a dangerous level.
He found the officer was justified in drawing his weapon.
Thomas accepted O’Rourke’s assessment that, when Grieves continued to try to drive the vehicle from the mud-filled median, the Brantford man had no concern for the officer’s or anyone else’s safety and was focused on avoiding apprehension.
The judge believed O’Rourke’s testimony that he tripped and stumbled on the slope of the median incline and the momentum carried his upper torso with his weapon into the open passenger side window of the vehicle being driven by Grieves.
The firearm discharged, with a single bullet severing two of Grieves’ arteries. He died later in hospital.
Thomas also found O’Rourke’s testimony credible that the officer didn’t know why his issued Glock 17 firearm accidentally fired as the officer struggled to free himself from inside the vehicle.
Citing Section 25 of the Police Services Act regarding the justification of actions by officers when using necessary force, Thomas found O’Rourke’s actions reasonable.
Grieves being accidentally shot “was a tragic accident,” the judge said.
The family of Grieves quickly left the courthouse after the not-guilty decision. When contacted by Postmedia’s Chatham Daily News, Grieves’ mother, Tricia, said she needs time to try to understand what happened.
After the verdict, O’Rourke’s lawyer Sandy Khehra spoke briefly with media on behalf of the officer.
O’Rourke is “relieved and just wants his privacy and just wants a moment to reflect,” said Khehra, adding he was “very impressed” with Thomas.
“It is essential that the law recognizes the realities and risks inherent in policing,” the lawyer said. “Police officers are entrusted to use reasonable force to protect themselves and others.
“We are relieved that the court’s decision reflects this understanding,” he said.
The Ontario Provincial Police Association said in a statement issued after the verdict: “The lives of the family of the deceased, our police officers and our civilian members have been forever impacted.”
OPP Association president John Cerasuolo also commented: “We respect the court’s decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations.
“Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control,” Cerasuolo said.
“This has been an extraordinarily difficult period for all involved, and we remain committed to supporting Provincial Const. O’Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event,” the association president said.
The association encouraged anyone impacted by this situation to reach out and lean on those closest to them, as well as seek professional mental health assistance.
https://windsorstar.com/news/local-news ... 1-shooting
Michael Jack, Administrator
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Michael Jack
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Chatham-Kent OPP officer under investigation of Professional Standards Branch
A Chatham-Kent OPP officer is under investigation of the OPP’s Professional Standards Branch after being acquitted of manslaughter earlier in the week.
Const. Sean O’Rourke was acquitted in the death of 24-year-old Nicholas Grieves, who was killed on July 7, 2021 while behind the wheel of his car.
O’Rourke, who’s now 58, was charged with manslaughter and found not guilty on Tuesday.
Court learned that the officer was responding to a gas theft and when he tried to pull Grieves over on Highway 401, the car struck the police cruiser, spun out, and ended up in the ditch.
The court ruled there was a serious threat to O’Rourke’s safety and his gun was fired accidentally.
O’Rourke is still suspended from duty with pay, pending the outcome of the investigation by the Professional Standards Branch.
https://www.ctvnews.ca/windsor/article/ ... ds-branch/
Const. Sean O’Rourke was acquitted in the death of 24-year-old Nicholas Grieves, who was killed on July 7, 2021 while behind the wheel of his car.
O’Rourke, who’s now 58, was charged with manslaughter and found not guilty on Tuesday.
Court learned that the officer was responding to a gas theft and when he tried to pull Grieves over on Highway 401, the car struck the police cruiser, spun out, and ended up in the ditch.
The court ruled there was a serious threat to O’Rourke’s safety and his gun was fired accidentally.
O’Rourke is still suspended from duty with pay, pending the outcome of the investigation by the Professional Standards Branch.
https://www.ctvnews.ca/windsor/article/ ... ds-branch/
Michael Jack, Administrator
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Michael Jack
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Legal headaches may not be over for acquitted CK OPP officer
A Chatham-Kent Ontario Provincial Police (OPP) officer found not guilty of manslaughter this week after a lengthy fatal shooting trial in Chatham is under investigation by the OPP Professional Standards Unit (PSU).
The OPP told CK News Today the PSU is conducting a parallel investigation into the officer's conduct and behaviour to determine if any charges are warranted under the Police Services Act, which sets out the standards and expected behaviour for police officers.
An OPP spokesperson said the investigation doesn't fall under the new Community Safety and Policing Act because the shooting took place before the introduction of the new law.
"As with any situation such as this, SIU (Special Investigations Unit) charges take precedent. The PSU investigation will progress following the outcome of criminal proceedings, including appeals," said OPP spokesperson Gosia Puzio.
O'Rourke walked out of court a free man on Tuesday after being acquitted in the shooting death of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021, following a gas theft at the OnRoute near Dutton.
https://cknxnewstoday.ca/chatham/news/2 ... pp-officer
The OPP told CK News Today the PSU is conducting a parallel investigation into the officer's conduct and behaviour to determine if any charges are warranted under the Police Services Act, which sets out the standards and expected behaviour for police officers.
An OPP spokesperson said the investigation doesn't fall under the new Community Safety and Policing Act because the shooting took place before the introduction of the new law.
"As with any situation such as this, SIU (Special Investigations Unit) charges take precedent. The PSU investigation will progress following the outcome of criminal proceedings, including appeals," said OPP spokesperson Gosia Puzio.
O'Rourke walked out of court a free man on Tuesday after being acquitted in the shooting death of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021, following a gas theft at the OnRoute near Dutton.
https://cknxnewstoday.ca/chatham/news/2 ... pp-officer
Michael Jack, Administrator