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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https://windsorstar.com/news/local-news ... 1-shooting
Michael Jack, Administrator