OPP officer 'fabricating' stumble story in shooting death of Brantford man: Crown
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The prosecution challenged a Chatham-Kent OPP officer’s version of what led to the shooting of a Brantford man after officers responded to a gas theft on Highway 401 in July 2021.
Const. Sean O’Rourke has pleaded not guilty to manslaughter in the death of Nicholas Edward Grieves, 24, after he was shot by the officer in the early morning of July 7, 2021.
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O’Rourke and Chatham-Kent OPP Sgt. Bradley Cook responded to a report of a $40 gas theft from the Dutton ONroute and a suspect vehicle westbound on the 401.
On the trial’s fifth day Friday, Crown attorney Jason Nicol focused much of his cross-examination on the details of the shooting.
The shooting occurred after a 2003 Pontiac Sunfire, driven by Grieves with his fiancée, Angela Keats, in the front passenger seat and Jonathan Wauthier in the back seat, rammed into an unmarked OPP Dodge Durango driven by O’Rourke. The Sunfire sped up trying to get through a small gap between O’Rourke’s vehicle and a transport truck, then spun off into the road and mired in mud at the bottom of the centre median near Highgate.
O’Rourke has testified to seeing a “crazed look” in Grieves’ eyes as he approached the Sunfire. The officer was also concerned about a weapon being involved when Grieves kept looking at the car’s centre console.
O’Rourke cited a fear for his own safety and that of others for why he exited his vehicle with his standard OPP issue Glock semi-automatic pistol drawn.
When O’Rourke left his vehicle “there was not threat of death or serious bodily harm,” Nicol suggested. And even if there were a threat, the lawyer suggested there was “no justification” for pointing his gun at the car’s occupants.
O’Rourke said he “completely disagrees” with both statements.
O’Rourke testified Thursday he tripped on the slope of the median and momentum caused his arms, gun, head and part of his shoulder to fall into the open front passenger side window of the car. The officer said he was in a “panic” trying to get out of the car when his gun went off and the bullet hit Grieves.
The officer also testified his trigger finger remained on the slide of the weapon and not on the trigger during the incident.
“How could you not have control of your trigger finger at all times?” said Nicol, noting O’Rourke’s extensive experience and training, particularly with firearms.
O’Rourke said he had control over his trigger finger falling into the vehicle, but not during his struggle to get back out.
Nicol also noted O’Rourke has been able to recall many specifics about the incident, but has “no memory whatsoever” of how his gun fired.
Nicol suggested the officer was “fabricating that stumble story” to cover up his carelessness in pointing a loaded gun at the car.
“No, I completely disagree,” O’Rourke said.
Nicol asked if O’Rourke agreed the only way to fire his weapon was to pull the trigger.
“That’s a possibility,” the officer replied.
Nicol asked if O’Rourke could explain another reasonable possibility for the gun firing.
O’Rourke said he has often thought about that, wondering if the trigger got caught in some equipment or a seatbelt. But, he added, “I don’t think so.”
O’Rourke testified Thursday that when he fell into the car, his weapon was near front seat passenger Keats’ face. On Friday, he wondered if Keats somehow pulled the trigger, but added: “I think that’s unlikely.”
Nicol also suggested that when the gun went off, O’Rourke was standing outside the car with his weapon close to the passenger window.
“That’s not what happened at all,” O’Rourke said.
Nicol also suggested O’Rourke’s finger was on the trigger.
“No, that’s impossible,” the officer said.
The trial resumes Tuesday.
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