Stumbling explanation a ‘fabrication’: Crown grills Chatham-Kent OPP officer on trial for manslaughter

A Chatham-Kent OPP officer was grilled as he took the stand in his own defence in a manslaughter trial. CTV Windsor’s Michelle Maluske reports.

Const. Sean O’Rourke, now 57, testified in his own defence Thursday and Friday about the events that led to the shooting death of Nicholas Grieves, 24.

The father of one was shot while seated behind the wheel of a sedan along Highway 401 near Highgate in the early morning hours of July 7, 2021.

O’Rourke and a Sergeant on duty responded to report of gas theft; $40 had been stolen from the Dutton OnRoute.

It was O’Rourke’s idea to conduct a “tandem stop”, and he told the court he had no intention of it turning into a police chase.

Assistant Crown Attorney Jason Nichol grilled O’Rourke Friday for how he reacted once the sedan drove past him on the edge of the 401.

Nichol said O’Rourke had no reason to suspect the gas theft was anything other than an honest mistake.

O’Rourke disagreed, arguing in his experience, a theft of gas in the early morning hours could easily be because the vehicle was stolen or the passengers inside had some criminal reason to not stick around a gas station.

Once the officers turned on their emergency lights on the 401, court learned Grieves lost control of his car.

“Criminality was confirmed when he took flight,” O’Rourke told the court Friday.

At that point, O’Rourke told the court the situation had escalated to a “high risk takedown”, particularly when the car drove backwards into the ditch and kept driving, trying to get back onto the highway.

Court learned Friday that O’Rourke’s cruiser came to a stop eight feet in front of the sedan; not an ideal angle the officer said.

He told the court he exited his cruiser, pulled his handgun and walked towards the car, but he tripped on the uneven ground and fell into the car.

“I’m going to suggest to you your stumble theory is a fabrication,” Nichol said to O’Rourke.

“That’s obnoxious,” O’Rourke muttered before adding, “No. I disagree.”

Nichol asked how a highly skilled and trained officer could not recall where his trigger finger was for a few brief seconds, but have clear and specific memory about all the other details in the shooting.

“How could you not have control of your trigger finger at all times?” Nichol asked.

“I did going forward (into the car). I’m not sure coming back,” the officer replied.

He told Justice Bruce Thomas on Friday he “believes” the gun went off as he moved “rearward” to try to get out of the front seat of the car.

O’Rourke said his entire upper body was over the passenger side door, with his gun right in front of the passenger’s face.

A spent shell casing was found by the SIU on the floor of the sedan.

In more than 30 years in policing, O’Rourke said this shooting was the first time he ever pointed his police-issued firearm at a suspect.

A defence expert is slated to testify Tuesday about use of force.