A Chatham-Kent Ontario Provincial Police officer has been found not guilty in the 2021 shooting death of a man from Six Nations of the Grand River near Brantford.
Justice Bruce Thomas released his decision in Superior Court on Tuesday, nearly a month after Const. Sean O’Rourke’s judge-alone manslaughter trial had ended.
Thomas found O’Rourke had acted reasonably in the early-morning hours of July 7, 2021, when he shot 24-year-old Nicholas Grieves following a Highway 401 pursuit after Grieves was being sought in the theft of $40 worth of gas from a Dutton gas station.
“Police action should not be judged against the standard of perfection … their action should be judged against the circumstances,” Thomas told the courtroom, which was so crowded that some attendees were sitting in the jury box.
Both O’Rourke and Tricia Grieves, Nicholas’s mother, were in tears as the judge delivered his verdict.
Defence lawyer Sandip (Sandy) Khehra said his client is relieved by the verdict, adding that O’Rourke is seeking privacy and a moment to reflect.
Khehra said he was impressed with the judge’s decision and his understanding of the issues.
“We are here playing Monday morning quarterback on something that was seconds long and tragic, there’s no denying, but at the same time, I think, you know, police officers have a job to do, so next time you see a police officer driving by, thank them for their service.”
In the seven-day trial that started last month, lawyers for both the defence and the Crown presented competing versions of events.
Khehra argued Grieves’s car had rammed the officer’s during a Highway 401 chase, spinning out of control and stopping before O’Rourke tripped and fell into the car, during which time his gun went off, shooting Grieves.
The car having rammed O’Rourke’s cruiser meant the incident was more dangerous and that O’Rourke was correct to drawn his weapon, Khehra said.
Crown lawyer Jason Nicol argued that was all a fabrication — that O’Rourke had no reason to pursue a chase of Grieves’s car over a small theft, that his cruiser was not rammed with the force described and that O’Rourke was a highly trained tactical officer whose gun was in perfect working condition.
It was through his carelessness, Nicol argued, that Grieves was shot, and it could only have happened because O’Rourke pulled the trigger.
Much of the evidence and testimony in the trial centred on the 87 seconds between when O’Rourke made the decision to turn on his police vehicle lights to stop the car carrying Grieves and two other people and the moment Grieves was shot.
Grieves was a Six Nations member but had been staying in Windsor.
In a statement following the verdict, the Ontario Provincial Police Association said “the lives of the family of the deceased, our police officers and our civilian members have been forever impacted.”
“We respect the court’s decision and believe it reflects the complexities faced by police officers in dangerous and unpredictable situations,” said John Cerasuolo, the association’s president. “Our officers are dedicated to serving and protecting the citizens of Ontario, often in circumstances beyond their control.
“This has been an extraordinarily difficult period for all involved, and we remain committed to supporting provincial Const. O’Rourke, along with all our members and their families, as they continue to navigate the emotional aftermath of this event.”
