Reasons for Judgment

Court File No.: CR-23-3605 (Chatham)
Date: 2025-06-24
Ontario Superior Court of Justice
Between:
His Majesty the King – and – Sean O’Rourke (Defendant)

Appearances:
Jason A. Nicol, for the Crown
Sandip Khehra, for the Defendant

Heard: May 12-15, May 20 and 23, 2025

Justice Bruce G. Thomas

Introduction

[1] Police officers have a difficult job. They are sworn to protect the public while respecting the laws of the country including constitutional rights of those they encounter. Front-line officers regularly put themselves in harm’s way to fulfill their sworn duty. The communities police officers serve rely upon them to protect them from criminal conduct that has increasingly become more violent, often deadly. The increasing prevalence of firearms and drug use has, over the last decade, changed the policing landscape.

[2] But while the public expects police officers to enforce the law, there is also an expectation that only lawful means will be used to effect their purpose. There is, after all, only one law for all of us.

[3] This case is about the intersection of lawlessness and police tactics. What is a proportional amount of force to effect an arrest and subdue a perceived threat in a dynamic and evolving set of circumstances.

[4] On July 7, 2021, Sean O’Rourke unintentionally discharged his firearm while effecting the arrest of Nicholas Grieves who was operating an automobile on Highway 401. Grieves was killed. Was the use of the firearm careless in the circumstances amounting to the unlawful act that would justify a conviction for the charged offence of manslaughter, or was it a pure accident leading to tragic consequences despite an appropriate use of force?

Background

[5] Sean O’Rourke is a constable employed by the Ontario Provincial Police (O.P.P.). He has been employed in policing since 1986 and with the O.P.P. for 31 years. He has always been a front-line officer. A member of the Tactical Response Unit (TRU Team) for five years and an instructor in firearms and the use of force options. He has developed an expertise in conducting traffic stops and recognizing the presence of contraband; usually drugs, guns or currency. He is described by fellow officers as hard working, conscientious and supportive. A significant part of his regular duties with the Chatham-Kent detachment of the O.P.P. has been patrolling Highway 401.

[6] This trial focussed on the actions of O’Rourke and the circumstances confronting him over the span of 21 minutes from 4:38 a.m. to 4:59 a.m. on July 7, 2021.

The Evidence

[7] It is without dispute that O’Rourke’s shift on the day in question was 6:00 p.m. on July 6, 2021, to 6:00 a.m. on July 7, 2021. Staffing on that Tuesday evening was less than operationally optimal with only O’Rourke, Constable Lisa Peck and Sgt. Bradley Cook patrolling a significant geographic area.

[8] That evening, O’Rourke was driving a Dodge Durango SUV with subdued external markings but with internal emergency lighting. He was in full uniform. Cook and Peck were, as well, in uniform but operating fully marked police vehicles.

[9] O’Rourke and Cook were clearing from an alarm call just off Highway 401 when they received a dispatch transmission from the London Communications Centre that a theft of $40 worth of gas had been reported to have just occurred at the westbound Dutton ONroute Service Centre. The suspect vehicle was described as a gold sedan, possibly a Saturn, with a loud exhaust. No plate number was obtained. There had been no attempt to pay.

Sergeant Bradley Cook

[10] Sergeant Cook is a veteran of 19 years with the O.P.P. In fact, O’Rourke had been a coach officer for Cook as a new recruit. In 2018, Cook became the sergeant in charge of O’Rourke’s platoon and was in that position in 2021.

[11] Cook confirmed the dispatch call about the gas theft. It is his evidence that O’Rourke accepted the call immediately and that O’Rourke directed that they should take up positions along the highway to attempt to undertake a tandem stop of the suspect vehicle. Cook was prepared to accept the constable’s direction as O’Rourke had much more field experience in these situations. As he described it, “we had that kind of relationship.” As described in the evidence, a tandem stop is a police vehicle directly in front of and behind the suspect vehicle effectively boxing it in and then with both police vehicles slowing and directing the suspect to the shoulder. It was discussed that if the vehicle sped away, they would not in these circumstances pursue. O’Rourke told Cook that this could be “a live one”, or something to that effect, because of the time of day and the lack of effort to pay.

[12] Both police vehicles took up position hidden as best they could be by an overpass and median. Within a few minutes, Cook said that a loud muffler could be heard and O’Rourke radioed him that this was their vehicle. It was a four-door sedan which turned out to be a Pontiac Sunfire travelling close to the speed limit at approximately 115 km/hr.

[13] Cook testified that they both pulled out and followed the suspect vehicle. He was in the slow lane with O’Rourke in the left or fast lane. The intention was to sneak up on the vehicle so as not to tip off their presence.

[14] There were transport trucks in both lanes which added some difficulty. Cook saw O’Rourke get parallel to the suspect, or perhaps a bit ahead, while he was about 15-20 metres behind. He was still unable to see the occupants.

[15] Cook said that in that position, both police vehicles activated their emergency lighting and he also used his siren. At that point, the suspect vehicle swerved to the right several times across the fog line. It then accelerated rapidly and tried to proceed through a small gap between the front of O’Rourke’s SUV and the rear of the transport truck which was in the slow lane ahead of the suspect.

[16] While he did not see contact between the vehicles, the suspect Pontiac began to spin counterclockwise as if in slow motion. The vehicle ended up rotating 360 degrees and came to rest in the centre median ditch still facing westbound.

[17] At this point, Cook attempted to manoeuvre his police vehicle into the left lane and onto the left shoulder. He said his biggest concern was the traffic coming from behind and so his attention was only intermittently focussed on O’Rourke and the Pontiac.

[18] He was able to position his vehicle behind O’Rourke’s SUV but some distance back. He could hear the Pontiac’s exhaust still roaring in the median. The tires were spinning and he saw grass and mud flying. It was pitch black and heavy rain early in the evening had left standing water in the median.

[19] Cook saw O’Rourke getting out of his vehicle and drawing his gun. Cook was still concerned about vehicles coming up behind them. He did not hear a shot. He got out and approached O’Rourke who, at that point, had two hands on his gun pointed at the Pontiac, his arms outstretched in front of him. O’Rourke’s left leg was forward with his right leg back for support.

[20] Cook heard hysterical screaming from the female front seat passenger. The front passenger window was fully lowered while the rear passenger window was down about halfway. While Cook did not draw his gun, he had his hand on the top of his weapon as he walked forward.

[21] O’Rourke urged Cook to get around the Pontiac to assist him in getting Grieves out of the vehicle. At some point in this urgency, Cook heard O’Rourke say, “I shot him” and “I think my gun went off” but he is now unable to pinpoint when in the scenario those comments were made.

[22] A bandage was applied to Grieves’ wound and they commenced CPR when he stopped breathing. They continued CPR until EMS arrived. During this time, the hysterical front passenger we now know as Angela Keats was screaming and pulling on Cook. By this point, Constable Lisa Peck had arrived and Cook directed Peck to move her away so they could concentrate on their attempts to save Grieves.

Constable Lisa Peck

[23] In the early morning hours of July 7, 2021, Constable Peck stopped a commercial vehicle on eastbound 401 as the truck had no working taillights. Peck heard the radio calls regarding the gas theft. Once the calls came in that the suspect vehicle had struck a police vehicle and spun into the median, Peck left the commercial vehicle, and went to assist.

[24] While on route to the collision, she heard the communication to expedite EMS as the driver had sustained a GSW (gunshot wound).

[25] Peck arrived at the scene at 5:00 a.m. and upon Cook’s direction, took the hysterical Angela Keats to her police vehicle. At some point, the rear seat passenger from the Pontiac, identified as Jonathan Wauthier, was also placed in her vehicle. Peck, an experienced officer, came to the conclusion that they were both under the influence of a drug and sensed tension between the two.

[26] While Keats denied she had used drugs, it was clear to Peck that Keats was lying about her identity.

[27] Peck eventually drove both to the hospital where she provided Keats with money to purchase cigarettes in an attempt to calm her down.

[28] Peck testified that she had worked with O’Rourke for 17 years. She found him knowledgeable and tactically sound. He had assisted her previously in a dangerous motor vehicle stop.

Angela Keats

[29] Angela Keats was 21 years of age in July 2021 and testified that she had been engaged to Nicholas Grieves for approximately two years.

[30] At the time of this incident, they were living in Windsor and “couch-surfing” as they had no money. They spent any money they acquired on drugs. Their drug of choice was fentanyl and they needed to use it every day.

[31] On this occasion, they had travelled to Woodstock to visit her parents. She knew drug users in Woodstock and Keats hoped to find drugs. She admitted that she was sure the car Grieves was driving was stolen.

[32] While in Woodstock, they met Jonathan Wauthier who needed a ride to Windsor to pick up his Ontario Works cheques. She said he was going to pay Grieves for the ride.

[33] On the return trip, shortly before the encounter with police, they pulled off Highway 401 and Wauthier injected himself and Grieves with methamphetamine. Keats denied she was injected as well or that “meth” was somewhere in the vehicle despite strong evidence, found later, that drugs had been smoked there. Keats did agree that she had used fentanyl earlier in the day.

[34] Keats said during the trip Grieves stole lottery tickets and cigarettes and she knew they were stealing the gas as they had no money to pay. After filling up with gas, she saw a police vehicle on the side of the highway but did not think it had followed them. Suddenly, there was a car in front blocking their way and Grieves and Wauthier panicked thinking it was police.

[35] Keats was aware that Grieves accelerated and she felt an impact and then their vehicle was spinning and came to rest in the median ditch. Keats testified that Grieves seemed to be slumped over the steering wheel and she thought he might be unconscious. Then, there was a police officer at her open passenger window. It happened so quickly she thinks he yelled, “Police … put your hands up … let me see your hands”. It was extremely dark. Keats said she then heard the gun go off so close to her head that her ears popped and continued ringing. The officer said, “O shit … help me get him out of the car”.

[36] Keats recalled there were now two officers getting Grieves out of the car and starting CPR. She agrees that she was panicking.

[37] During her evidence, she admitted to lying to Peck about her identity, drug use, and her relationship to Grieves. She said she was trying to protect her fiancé. She also admitted that she lied on several occasions during the course of her evidence at the preliminary hearing. She was convicted of the offence of obstruction of justice for lying to Peck regarding her identity.

Jonathan Wauthier

[38] The evidence of Jonathan Wauthier came to me in the form of the transcript of his preliminary inquiry evidence. Counsel agreed to offer his evidence in this form. He was extensively examined and cross-examined at the preliminary inquiry acknowledging his imminent incarceration in a federal penitentiary.

[39] Wauthier was a self-proclaimed drug dealer with a criminal record to prove it, convictions for assault, firearms and drugs. At the preliminary inquiry he testified that he needed a ride to Windsor and that the deal was he would give Grieves and Keats drugs as payment. He said that in the vehicle he shot up all of them, including Keats, with crystal methamphetamine and fentanyl.

[40] Wauthier was the backseat passenger and he and Grieves became concerned about the dark SUV pulling up to them and when the police emergency lights came on, he told Grieves to “step on it”. He said that he had four ounces each of cocaine, methamphetamine and fentanyl in the vehicle with him, thousands of dollars worth of drugs.

[41] It was his evidence that O’Rourke’s SUV actually slowed down and intentionally struck their vehicle in the rear quarter as Grieves accelerated sending it into a spin. Wauthier referred to it as a PIT manoeuvre. A term he had learned from his father who was ex-military.

[42] When their vehicle started spinning, Wauthier claimed he threw his drugs out the window to avoid arrest. He admitted that at the time he was “smashed” from also smoking “crystal” in the vehicle.

[43] When the vehicle came to rest, he believes Grieves was slumped over the steering wheel unconscious. Wauthier saw a police officer getting out of his vehicle, drawing his gun and rapidly advancing on their vehicle with the gun pointed with both hands toward the driver. Wauthier said he heard the officer say, “freeze … put your hands in the air” and then he heard a bang and smelled gun powder. When the gun fired, he believes it was right over the passenger seat door pointed into the driver’s seat. He does not recall the gun entering the car itself. He recalls the car revving but not moving just before the shot.

[44] Subsequently, when they were together, he suggested to Keats that she lie to police about her name and her marital status because clearly she felt she was in trouble for something.

Joseph Typer

[45] Joseph Typer is a forensic investigator for the Ontario Special Investigations Unit (S.I.U.). Prior to this employment, he was a police officer with Niagara Regional Police for 34 years, 16 of which were in the forensic services unit.

[46] Typer arrived at this scene at 9:45 a.m. on July 7, 2021. He found all vehicles still in place. The Pontiac in the median ditch, O’Rourke’s Durango parked beside it on the shoulder of the highway, Cook’s O.P.P. marked SUV a short distance behind the Durango. The westbound Highway 401 was closed.

[47] Typer found tire markings on the roadway made by multiple tires skidding. He estimated that the Pontiac travelled approximately 10 metres from the shoulder into the bottom of the median ditch. Then there were deep ruts in the bottom of the median for a further 10 metres presumably as the Pontiac tried to spin its tires forward in an attempt to get out. Typer called for an accident reconstructionist but his request was denied. He did not try to see if the vehicle could move forward from its resting spot. Typer observed scrape marks on the right front corner of the Durango and dents and scrapes on the left rear door of the Pontiac.

[48] The Pontiac was sealed and taken to London for examination. Once inspected, Typer found significant evidence of drug use in the vehicle; a pipe, pieces of tin foil with scorch marks, a needle in a pouch on the door, a rubber band, and a torch. He also found lottery tickets, cheques from an unknown source in Leamington and LaSalle and a folding knife under the driver’s seat. There were no other weapons. Importantly, Typer recovered a shell casing from the shot fired by O’Rourke. It was inside the vehicle in the area where the front seat passenger’s feet would have been.

[49] Typer seized O’Rourke’s gun. It was standard issue for the O.P.P. being a 9 mm Glock 17M semi-automatic pistol. It was forwarded to the Centre of Forensic Science (CFS) for inspection and testing.

Judy Chin

[50] Judy Chin has been employed by CFS since 2005 and is now a manager there. Over her career, she has specialized in firearms examination.

[51] Chin provided expert evidence on the workings of the Glock pistol and specifically on her review of O’Rourke’s Glock 17M. It was her evidence that there are three safeties on this firearm, one trigger safety and two internal safeties. All safeties are sequentially disengaged by squeezing the trigger with sufficient force. In the case of O’Rourke’s Glock that was an average of 9.928 pounds of trigger pull weight which she said was a bit heavy but not outside the user average.

[52] Chin further stripped and inspected the gun as well as test firing it. She found it to be operating properly. She did not microscopically inspect the firearm or undertake a drop test as she believed the information she had about the discharge did not call for that testing.

[53] Chin clarified the difference between an accidental discharge (that being a defective firearm) and an unintended discharge (being user error). It was her opinion that O’Rourke’s gun would only fire if the trigger was pulled.

Jason Oxby

[54] Jason Oxby is an O.P.P. Inspector and a member of the force since 1997. He has worked in all areas including patrol and been a member of the Emergency Response Team (ERT) and the Tactics and Rescue Unit (TRU Team). He has been a trainer for firearms and from 2017-2020, was the Provincial Training Coordinator. Oxby provided expert evidence in the areas of O.P.P. firearms training, policies and procedures.

[55] I will concentrate on the areas of his evidence which I believe are important to the issue at hand. The Glock 17 has been standard issue for the O.P.P. since 2018.

[56] Since many situations encountered by police officers take place in low light, the Glock 17M is equipped with a Weapon Mounted Light (WML). The WML can be activated by a pressure switch below the trigger guard on the pistol grip or by an ambidextrous toggle switch on either side of the light itself.

[57] Oxby detailed the extensive firearms training and manual material provided by the O.P.P. A limited amount of the training was in a low light environment. An officer is required to regularly requalify on their firearm.

[58] It is constantly emphasized to officers to keep their finger off the trigger and outside the trigger guard either above the trigger guard on the pistol’s slide or below.

[59] O.P.P. policy orders in place in 2021 contained the following direction:

Except where otherwise directed by the Commissioner, a uniform member shall be armed with a fully loaded handgun during their tour of duty.

Except as otherwise provided in this policy, a uniform member shall not draw a handgun, or point a firearm at a person, or discharge a firearm, unless they believe, on reasonable grounds, that to do so is necessary to protect against loss of life or serious bodily harm.

[60] A fully loaded handgun includes a chambered round so that the gun is ready to fire.

[61] The Firearms Training materials from the O.P.P. Academy in Orillia provide Firearm Safety Rules which include the directive to: “Never let the muzzle cover anything you are not willing to destroy” and, “keep your finger off the trigger until your sights are on the target and you intend to shoot”.

[62] Additionally, the WML is only to be used to light a situation where there are reasonable grounds to believe there is a danger of loss of life or serious bodily harm as this means the firearm is drawn and pointed at a target.

[63] Oxby described that officers are trained that a two-handed grip on the firearm is preferred and that they may choose to employ the “Weaver” stance with one leg forward and the other back for support.

[64] Oxby agreed that there may be occasions where an officer might draw their firearm and point it but still have their finger off the trigger but only if the reasonable threshold is met as described above. They may not at that point have made the decision to fire. This was described as the “threat ready” position as opposed to the “low ready” position where the gun is drawn but pointed down often employed in a stand-off or containment situation.

[65] As part of Oxby’s evidence, I was provided Regulation 926 of the Police Services Act, in effect at the time of this event, which again provides in s. 9 that:

A member of a police force shall not draw a handgun, point a firearm at a person or discharge a firearm unless he or she believes, on reasonable grounds, that to do so is necessary to protect against loss of life or serious bodily harm. O.Reg. 283/08, s. 3.

[66] Oxby spoke of the Provincial Use of Force Model which emphasizes that an officer must assess the situation faced, plan an appropriate response, and only then act on the plan. The model describes a continuum of potential use of force ranging from contact with a cooperative suspect to one posing a risk of serious bodily harm. Only in the final stage is the officer authorized to use lethal force.

[67] Oxby testified that even an officer with firearms expertise could have an accident. He agreed that at one point in the field he unintentionally discharged his handgun.

Sean O’Rourke

[68] Sean O’Rourke is now 58 years of age. He provided evidence of his experience, training, as well as his instructional assignments consistent with the narrative previously provided. The evidence suggests he is an officer knowledgeable in the use of force options available including the use of firearms.

[69] At 4:39 a.m. on July 7, 2021, he and Cook were returning to their vehicles after clearing an alarm call at the Moraviantown First Nations. They received the “BOLO” describing the $40 gas theft from the ONroute and that the vehicle was a gold-coloured sedan, likely a Saturn with a loud muffler. It was headed westbound on 401 Highway toward them and the theft had just taken place. It was O’Rourke’s evidence that he described this to Cook as an actual “valid call”. He immediately considered because of the time of day that it could be something more, perhaps a stolen vehicle, or stolen plates, and greater criminal activity which meant a greater possibility that the vehicle might flee.

[70] He agreed that they discussed that pursuit was not an option and he suggested a tandem stop as the appropriate tactic to intercept the vehicle. O’Rourke felt time was tight and he and Cook proceeded to the exit and overpass at kilometre marker 114 where they hid their vehicles as best they could using the overpass and median.

[71] Almost immediately, O’Rourke heard a loud exhaust sound coming from the east. As the vehicle passed, it matched the description of a gold coloured four-door sedan. O’Rourke let the vehicle proceed about three-quarters of a kilometre before he pulled out. He noticed that it was swerving in its own lane for no apparent reason. It was not speeding, perhaps travelling at 115 km/hr.

[72] O’Rourke pulled out and proceeded to accelerate in the fast lane to catch up. He radioed to Cook that “that’s our guy Sarge”. In his evidence, O’Rourke was regularly taken to the command centre log which provided the times and radio communications throughout this event.

[73] O’Rourke described the setting as very dark, warm and humid. While the road was bare and dry at the time, it had rained off and on earlier in the shift.

[74] Once O’Rourke caught up to the sedan, he saw that it continued to weave in the slow lane and he considered the possibility that the driver was impaired. He was now able to read the licence plate and communicated that to the command centre.

[75] There were tractor trailers passing each other and O’Rourke did not want the sedan to get past him after the truck pulled over. He moved his police SUV into the fast lane and got ahead of the suspect vehicle at one point straddling the centre line to keep the vehicle boxed in. By this point, Cook had positioned his vehicle behind the suspect.

[76] O’Rourke received a transmission at this point indicating that the plate was clean for “wants or warrants”. The suspect moved into the fast lane and O’Rourke said he did as well, blocking the way. At that point, all three vehicles were on a straight stretch of highway and he and Cook activated their emergency lighting. The suspect then went to the right shoulder and tried to pass there. Fearing that the suspect might lose control and flip the vehicle, O’Rourke moved over to allow it back in the slow lane. The sedan slowed and O’Rourke slowed with it hoping their tandem stop would be successful.

[77] Suddenly, the sedan accelerated rapidly attempting to punch through the gap between O’Rourke’s SUV and the back of the tractor trailer now in the slow lane ahead. O’Rourke estimated the opening to be only three quarters of a car length.

[78] It was O’Rourke’s evidence that the right front corner of his SUV was violently and intentionally rammed by the fleeing sedan. He was shocked as this had never happened to him before and he stated that this ramming seriously changed the dynamics of this event. He agreed that at trial was the first time he described the action as ramming although his notebook described it as forcefully attempting to drive through the opening.

[79] The contact caused the sedan to spin counterclockwise off the roadway ending up again facing forward and westbound in the bottom of the median ditch. O’Rourke said that the driver we know to be Grieves looked back at him and that O’Rourke’s headlights allowed him to see that Grieves eyes were crazed, bugging out of his head. He was certain that this was now not a simple gas theft. O’Rourke was concerned about the potential presence of guns and drugs and he thought the driver was under the influence of drugs. It was O’Rourke’s opinion at that point that the driver did not care about him or the safety of his passengers, or the public – he just wanted to escape. It also concerned him that Grieves appeared to be looking down at the open centre console of the vehicle. O’Rourke was prepared at that point to engage a high-risk takedown.

[80] Grieves punched the accelerator and the vehicle moved slowly forward and started to climb the bank in an effort to get back on the roadway. O’Rourke moved his SUV with lights flashing along beside it to block its exit. It was O’Rourke’s intention to stay in front of the suspect vehicle to prevent it from gaining the roadway. O’Rourke said it was his intention to stop his vehicle slightly ahead of the suspect so that he could approach at a 45-degree angle while ascertaining what the occupants were doing. He knew there was a front seat passenger and he thought someone was in the rear seat.

[81] Unfortunately, as he went to exit the SUV, he had trouble putting the gear shift in park and the suspect vehicle moved further forward before it stopped still revving but appearing stuck. This left O’Rourke parked beside the suspect only about seven feet away in a strategically dangerous position. He was now directly in line with the open front passenger window.

[82] As he stepped out of his vehicle, O’Rourke drew his firearm. He is adamant that he viewed the driver and the vehicle as a threat and that there was a very real risk of bodily harm or death. He shouted the commands, “Police don’t move; let me see your hands; hands up”.

[83] O’Rourke started to move forward in a walking “Weaver” position with his arms extended and two hands on his gun. He had to regrip his pistol to allow the WML to be activated. Once lit he could now see Grieves hands down with his attention still on the console. O’Rourke then moved forward in an attempt to see where Grieves was looking.

[84] O’Rourke testified that when he was about five feet from the vehicle, his foot stubbed something on the ground and he pitched forward having lost his balance. He now had his gun, arms and head inside the vehicle through the passenger window. He saw Grieves’ hand on the gear shift. O’Rourke said he panicked. He thought the vehicle could still move in reverse. The evidence disclosed that on a previous unrelated event, O’Rourke had been dragged by a vehicle he was searching as the driver attempted to escape.

[85] Now O’Rourke said he was struggling to get out against his momentum forward and the angle of the bank. He kept both hands on his gun in case someone in the vehicle tried to take it from him. He is certain that his finger was off the trigger and on the slide as he moved forward but is unsure about the position as he struggled to get out.

[86] The engine in the vehicle was still revving loudly. He had no intention of firing his weapon at that point. He was shocked when he heard his gun go off. In that instant, he said, the gun was right in front of Keats face. Once the gun fired, the engine stopped. He could see a hole in the right arm of Grieves’ tee shirt from the bullet.

[87] He re-holstered his firearm having taken a moment to assess the situation. He ran around the vehicle where he met Cook and the two of them extracted Grieves from the car and moved him to a flat location in the median. O’Rourke said he told Cook, “I shot him”. They performed CPR until EMS arrived. At one point, O’Rourke returned to his vehicle and called for EMS to be expedited as there was a GSW.

[88] In cross-examination, O’Rourke admitted that at no time did he call for backup, suggesting that initially there seemed to be no need and then when his vehicle was rammed, there was no time.

[89] He agreed that before he ever got out of his vehicle, he knew he would draw his firearm. He felt there was an extreme level of danger. O’Rourke testified that when he exited his police vehicle, he did not know where Cook was, and made no effort to contact him.

[90] O’Rourke agreed that perhaps the occupants of the vehicle could not hear his commands as the engine was roaring and Keats was screaming. He agreed no one was yelling at him and no one tried to get out of the vehicle. He saw no weapons.

[91] When it was suggested to him that his finger was on the trigger the whole time and that he concocted the stumble story to escape liability, O’Rourke adamantly denied the suggestion. He conceded that the command centre logs revealed that from the time the police emergency lights went on to the time when he called for EMS to be expedited, only 87 seconds had passed.

[Further sections continue as in the original, with appropriate subheaders for each logical section, such as:]

• Joseph Typer
• Judy Chin
• Jason Oxby
• Christopher Butler
• Nicholas Grieves
• Positions of the Parties
• Defence
• Crown
• The Law
• Analysis
• Conclusion

“Bruce G. Thomas”
Justice

Released: Orally and in writing – June 24, 2025