A Provincial Police officer of Chatham-Kent Ontario was declared innocent in the death of 2021 of a man of six nations of the Grand River near Brantford.
Judge Bruce Thomas launched his decision in the Superior Court on Tuesday, almost a month after Const. Sean O’Rourke’s homicide trial was over.
Thomas discovered that O’Rourke had acted reasonably in the early hours of July 7, 2021, when he shot Nicholas Grieves, 24, after a persecution of the 401 highway after Grieves was sought in the theft of $ 40 in gasoline at a Dutton service station.
“The police action should not be judged against the standard of perfection … its action must be judged against the circumstances,” Thomas told the courtroom, that he was so full of people that some attendees were sitting in the jury’s box.
Both O’Rourke and Tricia, Nicholas’ mother, cried when the judge issued his verdict.
The defense lawyer Sandip (Sandy) Khehra said that his client feels relieved by the verdict, and added that O’Rourke is looking for privacy and a time to reflect.
Khehra said he was impressed with the judge’s decision and his understanding of the problems.
“We are here playing the field marshal on Monday morning in something that had seconds and tragic, you can’t deny, but at the same time, I think, you know, police officers have a job to do, so the next time you see a police officer driving them for their service.”
The lawyers presented different versions of events
In the seven -day trial that began last month, the lawyers of defense and crown presented competitive versions of events.
Khehra argued that the Greek car had rammed the officer during a persecution of the 401 highway, turning out of control and stopping before O’Rourke stumbled and fell into the car, during which his weapon shot, shooting regrets.
The car that was stuck on the O’Rourke cruise meant that the incident was more dangerous and that O’Rourke was right when drawing his gun, Khehra said.
Crown lawyer Jason Nicol argued that it was a manufacturing: that O’Rourke had no reason to pursue the Greek car for a small robbery, that his cruise was not full of the force described and that O’Rourke was a highly trained tactical officer whose weapon was in perfect working conditions.
It was through his carelessness, Nicol argued, who shot, and could only have happened because O’Rourke pressed the trigger.
Much of the evidence and testimony in the trial focused on the 87 seconds in when O’Rourke made the decision to turn on the lights of his police vehicle to stop the car with pain and two other people and the moment he shot.
Grieves was a member of the six nations, but he had stayed in Windsor.
The case ‘reflects the complexities’ of surveillance, says the association
In a statement after the verdict, the Ontario Provincial Police Association said that “the life of the deceased’s family, our police officers and our civil members have been affected forever.”
“We respect the decision of the court and believe that it reflects the complexities faced by police officers in dangerous and unpredictable situations,” said John Cerasuolo, president of the association. “Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances outside their control.
“This has been an extraordinarily difficult period for all those involved, and we continue to support const. O’Rourke, along with all our members and their families, as they continue to sail through the emotional consequences of this event.”
