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, adding there was no criminal conduct by O'Rourke 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 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 witness testimony credible.
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.”