‘No criminal conduct’: Chatham-Kent OPP officer found not guilty of manslaughter

A Chatham-Kent OPP officer has been acquitted as a manslaughter trial wrapped up. CTV Windsor’s Michelle Maluske has the latest.

Const. Sean O’Rourke, 58, was acquitted Tuesday in the on-duty death of Nicholas Grieves, 24.

He was shot and killed on July 7, 2021, while seated behind the wheel of his car, in the center median of Highway 401 near Highgate.

Constable O’Rourke pulled Grieves’ vehicle over for a theft of $40 in gas from the Dutton ONRoute.

O’Rourke testified at trial that Grieves did not pull his car over after the emergency lights were turned on.

He also alleged Grieves rammed into his cruiser.

O’Rourke told the court he doesn’t know why his handgun went off after he tripped and stumbled into the front seat of Grieves’ car.

Grieves fiancée at the time told the court she is still traumatized by the incident and said the gun went off near her face, while seated in the front passenger seat.

O’Rourke acted ‘reasonably and objectively’

Justice Bruce Thomas’ judgment Tuesday took more than 75 minutes to read into the record, in front of a standing-room only courtroom.

It was packed with more than 100 people, primarily supports of O’Rourke, with more than a dozen for the Grieves family.

Put simply, Justice Thomas rejected the evidence of Grieves’ passengers and accepted the evidence of the officer.

“O’Rourke was confronted with a suspect who would do anything to escape,” Justice Thomas said.

“I am not prepared to second guess the officer’s decision in these circumstances.”

The judge ruled that it was Grieves who struck the officers cruiser in an attempt to get away from police.

He said the incident then became “something more” than a routine traffic stop for a theft of gas.

Although the judge characterized O’Rourke’s use of a tandem stop as “aggressive”, he agreed with how O’Rourke responded after the cruiser was struck.

Grieves drove down into the center median, which was full of water from an early morning rainfall.

The judge agreed with O’Rourke’s evidence that Grieves continued to try to get out of the ditch by revving the engine, he did not obey commands to put his hands up and Grieves kept looking in the center console.

“Police action should not be judged against a standard of perfection,” Justice Thomas said.

“It must be remembered that police engage in dangerous and demanding work and often have to react quickly to emergencies. Their actions should be judged in light of exigent circumstances.”

The judge also agreed with O’Rourke’s evidence that he stumbled walking down the slope towards Grieves’ car, forcing his upper body into the car.

The shell casing for the 9-mm shot at Grieves was found inside the car.

The judge further ruled he accepts that O’Rourke’s finger slid down onto the trigger as the officer tried to get out of the front seat.

“Const. O’Rourke’s gun should never have been fired. Nicholas Grieves should never have been killed,” Justice Thomas said.

“There was, however, no criminal conduct by the officer.”

Courtroom reactions

One person with the Grieves family was emotional during the judgment.

Family members swiftly exited the courthouse Tuesday after the decision.

The people in the courtroom in support of O’Rourke didn’t make obvious reactions and the officer himself barely reacted.

He declined to speak with the media after the judgment, according to his lawyer, Sandip Khehra.

“He just wants his privacy and just wants a moment to reflect,” Khehra said.

“It’s been a long almost four years for him.”

Khehra said O’Rourke is “relieved” by the decision.

“As his Honour said, there’s still someone that’s dead and so its still not really a day of joy but relief, at least for one person.”

OPPA statement

The Ontario Provincial Police Association issued a statement after O’Rourke’s’ acquittal.

“The OPP Association supports OPP Provincial Constable Sean O’Rourke

Today, PC O’Rourke was acquitted of manslaughter in Ontario Provincial Court in Chatham relating to a line of duty incident that occurred on Highway 401 near Ridgetown, Ontario on July 7, 2021.

On that day, a 25yr old man tragically died as PC O’Rourke and other police officers were trying to apprehend the suspect while fleeing police after a theft of gas.

The lives of the family of the deceased, our police officers and our civilian members have been forever impacted."

OPP Association President John Cerasuolo commented:

“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. 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.”

Defence Counsel Sandy Khehra added:

“It is essential that the law recognizes the realities and risks inherent in policing. Police officers are entrusted to use reasonable force to protect themselves and others. We are relieved that the court’s decision reflects this understanding.”

Available resources:

The OPP Association encourage anyone impacted by this situation to reach out and lean on those closest to them, as well as seek professional mental health assistance.

For members of the public, the Canadian Mental Health Association has a number of resources on their website ontario.cmha.ca.

The Ontario Provincial Police Association’s (OPPA) Encompas Mental Health Wellness Program is available to our members and their families by calling 24/7: 1-866-794-9117 or by visiting encompascare.ca.

Confidential support services are available to all OPP members, families, retirees, and auxiliaries through the OPP’s Healthy Workplace Team (HWT) available by phone, toll-free at 1-844-OPP-9409 (1-844-677-9409), or by directly contacting any HWT member.