The court considered whether Constable Sean O’Rourke’s use of his firearm, which resulted in the death of Nicholas Grieves during an attempted arrest, constituted the unlawful act of careless use of a firearm and thus supported a conviction for manslaughter.
After a detailed review of the evidence, including expert testimony and the circumstances of the incident, the court found that O’Rourke’s actions were reasonable and consistent with police training and policy.
The discharge of the firearm was found to be a tragic accident, not a marked departure from the standard of care of a reasonable police officer.
The charge of manslaughter was dismissed.
