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CBC
21-05-2025
- CBC
Gun could fire even if trigger not pulled, expert says in OPP officer's manslaughter trial
There are ways a hand gun could fire without an officer pulling the trigger: That was the expert testimony of a witness for the defence in the manslaughter trial of OPP Const. Sean O'Rourke on Tuesday. Christopher Butler was qualified as a expert witness with years of experience as a trainer and use of force reviewer with the Calgary Police Service. He has given expert testimony in more than 30 cases. He was called to testify for the defence for O'Rourke, who is on trial in the shooting of 24-year-old Nicholas Grieves, who died after stealing $40 of gas from a Dutton gas station in July 2021. Much of Butler's testimony revolved around police use of force and firearms — including instances where Glock hand guns, like the one O'Rourke had, have gone off without the officer pulling the trigger. Butler told the court it had happened to him, and that subsequent examination showed microscopic cracks in the gun. In another similar instance, a tactical officer with the Calgary Police Service had a Glock hand gun in a holster on his leg when it went off after a slight impact during a high-risk vehicle stop. Those results were able to be replicated, and also showed microscopic defects in the interior of the gun, Butler testified. Butler cited a third example in Winnipeg. These incidents tend to happen in "high mileage" guns that have fired many rounds and have been found, upon further inspection, to have microscopic defects, Butler said. But the defence and Crown questioned Butler about police use of force and his opinion on whether O'Rourke's actions — how he approached the car and the positioning of his weapon as he did so — were appropriate. Butler said he felt O'Rourke's actions were appropriate in the situation, citing research about the risks officers face while doing traffic enforcement work, the lack of compliance by the car's occupants with O'Rourke's instructions and his close proximity to the car. On cross-examination, Crown attorney Jason Nicol pointed to other pieces of testimony, and tried to establish that the gun only would have fired because O'Rourke pulled the trigger — with which Butler disagreed. On Friday, the Crown cross-examined O'Rourke, suggesting the theory that he tripped and fell into the suspect vehicle carrying Grieves and two others was a lie to cover up his own "carelessness."
Toronto Sun
18-05-2025
- Toronto Sun
OPP officer 'fabricating' stumble story in shooting death of Brantford man: Crown
Nicholas Edward Grieves, 24, of Brantford, died in hospital from wounds suffered after being shot in the early morning of July 7, 2021 after being stopped by Chatham-Kent OPP officers on Highway 401 near Highgate who were responding to a theft of gas call. OPP Const. Sean O'Rourke has pleaded not guilty to manslaughter. PHOTO Supplied jpg, CD, apsmc 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. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account 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. 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. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. 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. This advertisement has not loaded yet, but your article continues below. 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. This advertisement has not loaded yet, but your article continues below. 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. Golf Toronto Maple Leafs Columnists Toronto Maple Leafs Columnists
CBC
17-05-2025
- CBC
Crown suggests officer's stumble explanation in fatal shooting is a 'fabrication'
A Crown attorney accused an OPP officer facing a manslaughter charge of making up his version of what happened in the seconds before his gun fired nearly four years ago, fatally wounding a man. Const. Sean O'Rourke denied the allegation in court on Friday. He has been on trial this week in the shooting of 24-year-old Nicholas Grieves. On Thursday, he told the court that in the early hours of July 7, 2021, he tripped and fell into the front passenger window of the car carrying Grieves and two others, after they had stolen $40 worth of gas from a Dutton, Ont., gas station. O'Rourke has pleaded not guilty to the manslaughter charge. Grieves was a member of Six Nations of the Grand River but had been staying in Windsor. O'Rourke had previously told the court, and testified again on Friday, that he and another officer attempted to perform a tandem stop of the car on Highway 401 when Grieves, driving the car, rammed his vehicle. That caused the car to spin out of control and land in a ditch. That was when O'Rourke approached the car. He said that he had his gun drawn and on uneven ground he tripped, stumbled and landed head and shoulders in the car, with his gun inches from Grieves in the front seat. "I was in a panic to get out," O'Rourke said Friday. He said he feared for his safety because of the car's "violent" impact with his cruiser, and led him to approach the car with his gun drawn. He also spoke to a "crazed" look in Grieves's eyes, as well as his continual rummaging in the front console of the car — O'Rourke said, he believed, for a weapon. Then, he says, the gun went off — and he's not sure how. O'Rourke testified that his fingers remained on the slide of the gun. "I will suggest your stumble theory is a fabrication," said Crown attorney Jason Nicol on Friday. "You're fabricating that stumble theory to cover up your own carelessness at pointing that gun at the occupants of the car." It was a theory that O'Rourke categorically denied. Nicol also established that O'Rourke did not take the time — approximately, O'Rourke said, 20 seconds — to fix a broken radio before responding to the theft for gas call, nor did he call for backup beyond the second officer on scene despite his stated fear for his safety — and that he hadn't communicated with that second officer since they spotted the car suspected in the gas theft. "How could such a highly trained officer as yourself, how could you not have control of your trigger finger at all times," Nicol asked. O'Rourke replied that he had control of his fingers on the way into the car, but didn't know as he made his way out of the car. The court has previously heard from other OPP officers, including Sgt. Bradley Cooke who responded to the call with O'Rourke, and a firearm expert who had examined O'Rourke's gun and found it to be in good working order.
CBC
14-05-2025
- CBC
Officers 'trained to keep their fingers off the trigger,' gun expert says at manslaughter trial
Court hears testimony on when officers can draw guns in OPP manslaughter trial 2 hours ago Duration 1:10 Social Sharing The third day of the judge-alone trial of a Ontario Provincial Police (OPP) officer charged in a fatal shooting heard testimony from a gun expert and an expert in firearm training procedures and policies at OPP. The trial began Monday at the Ontario Court of Justice in Chatham. Const. Sean O'Rourke is charged with manslaughter in the death of Nicholas Edward Grieves, a 24-year-old Windsor resident and member of Six Nations of the Grand River. He has pleaded not guilty. On July 7, 2021, OPP responded to a call about a gasoline theft at a gas station along Highway 401 in Dutton. Officers located the vehicle believed to be involved travelling westbound on the highway and followed it. Soon enough, Grieves's car swerved a couple of times and ended up in the ditch. So far, Crown witnesses have testified that Const. O'Rourke had both of his hands on a firearm pointed at the vehicle and he was heard saying that his firearm went off. Judy Chin from the Centre for Forensic Sciences in Toronto, who was qualified Wednesday as a firearms expert, had examined O'Rourke's Glock 17M. "The gun was working fine," she testified. Chin said that she had performed multiple tests on the gun and it was working as it should have been with no mechanical or structural damage. She explained that the firearm has three safety features — trigger safety, fire pin safety and drop safety. "All three safeties should be deactivated for the firearm to discharge," noting that the trigger has to be pulled to fire the weapon. Crown Attorney Jason Nicol asked Chin whether the gun can "be fired without pulling the trigger." "For this firearm, the trigger must be pulled. It doesn't have to be a person, but the trigger must be pulled," she replied. 'They are trained to keep their fingers off the trigger:' OPP firearm expert OPP Inspector Jason Oxby also testified as an expert in firearm training procedures and policies at OPP. Oxby told the court that OPP officers are trained every year and are taught that before patrols, they should check their firearms to see if they are working properly. So far, it has been established that it was dark — almost pitch black — during the time of the incident in the wee hours of that July day. Nicol asked Oxby about low-light training. He replied that officers are trained in artificially simulated environments to work under varying lights. Use of flashlights is part of that training. "Obviously, police work 24-7, so roughly half of their time will be spent in no light or low light," he said. Khehra asked Oxby about the weapon-mounted light, which is used to light up the subject, saying even though the trigger hasn't been pulled, the gun can be kept pointing at the subject to keep them illuminated. Oxby told the court that the "lack of illumination" can be the reason to point the firearm at them. Khehra also walked Oxby through his past testimony where he admits "that an error can be made" where instead of pressing the light switch, the trigger can get pulled in those low-light scenarios. The court also heard about the provincial use of force model, which lays out the circumstances in which officers can draw their weapons. Oxby said officers can do so when there are reasonable grounds that there is a risk to safety. "Keep your fingers off the trigger….. Until you intend to fire," Oxby recounted different safety procedures, noting officers are trained to keep fingers outside the trigger guard. "They are trained to keep their fingers off the trigger." O'Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit in 2022. The trial, which resumes Thursday with the defence's case, is expected to last two weeks.
