Windsor·Updated
A Chatham-Kent OPP serviceman has been recovered not blameworthy successful the 2021 shooting decease of an 24-year-old Nicholas Grieves pursuing a Highway 401 pursuit. Grieves, from Six Nations of the Grand River adjacent Brantford, Ont., was being sought successful the theft of $40 worthy of state from a Dutton state station.
Sean O'Rourke had faced manslaughter complaint aft road pursuit of Nicholas Grieves
Pratyush Dayal · CBC News
· Posted: Jun 24, 2025 3:44 PM EDT | Last Updated: 15 minutes ago
A Chatham-Kent Ontario Provincial Police officer has been recovered not blameworthy successful the 2021 shooting decease of a man from Six Nations of the Grand River adjacent Brantford.
Justice Bruce Thomas released his determination successful Superior Court connected Tuesday, astir a period aft Const. Sean O'Rourke's judge-alone manslaughter proceedings had ended.
Thomas found O'Rourke had acted reasonably in the early-morning hours of July 7, 2021, erstwhile helium changeable 24-year-old Nicholas Grieves pursuing a Highway 401 pursuit aft Grieves was being sought successful the theft of $40 worthy of state from a Dutton state station.
"Police enactment should not beryllium judged against the modular of perfection … their enactment should beryllium judged against the circumstances," Thomas told the courtroom, which was truthful crowded that immoderate attendees were sitting successful the assemblage box.
Both O'Rourke and Tricia Grieves, Nicholas's mother, were successful tears arsenic the justice delivered his verdict.
Defence lawyer Sandip (Sandy) Khehra said his lawsuit is relieved by the verdict, adding that O'Rourke is seeking privacy and a infinitesimal to reflect.
"As His Honour said, determination is inactive idiosyncratic that is dead," helium said. "And truthful it's inactive not really a time of joy, but of alleviation for 1 person."
Khehra said helium was impressed with the judge's determination and his knowing of the issues.
"We are present playing Monday greeting backmost connected thing that was seconds agelong and tragic, there's nary denying, but astatine the aforesaid time, I think, you know, constabulary officers person a occupation to do, truthful adjacent clip you spot a constabulary serviceman driving by, convey them for their service."
Lawyers presented antithetic versions of events
In the seven-day proceedings that started past month, lawyers for 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 retired of power and stopping earlier O'Rourke tripped and fell into the car, during which clip his weapon went off, shooting Grieves.
The car having rammed O'Rourke's cruiser meant the incidental was much unsafe and that O'Rourke was close to drawn his weapon, Khehra said.
Crown lawyer Jason Nicol argued that was each a fabrication — that O'Rourke had nary crushed to prosecute a pursuit of Grieves's car implicit a tiny theft, that his cruiser was not rammed with the unit described and that O'Rourke was a highly trained tactical serviceman whose weapon was successful cleanable moving condition.
It was done his carelessness, Nicol argued, that Grieves was shot, and it could lone person happened due to the fact that O'Rourke pulled the trigger.
Much of the grounds and grounds successful the proceedings centred connected the 87 seconds betwixt erstwhile O'Rourke made the determination to crook connected his constabulary conveyance lights to halt the car carrying Grieves and 2 different radical and the infinitesimal Grieves was shot.
Grieves was a Six Nations subordinate but had been staying successful Windsor.
Case 'reflects complexities' of policing, relation says
In a connection pursuing the verdict, the Ontario Provincial Police Association said "the lives of the household of the deceased, our constabulary officers and our civilian members person been everlastingly impacted."
"We respect the court's determination and judge it reflects the complexities faced by constabulary officers successful unsafe and unpredictable situations," said John Cerasuolo, the association's president. "Our officers are dedicated to serving and protecting the citizens of Ontario, often successful circumstances beyond their control.
"This has been an extraordinarily hard play for each involved, and we stay committed to supporting provincial Const. O'Rourke, on with each our members and their families, arsenic they proceed to navigate the affectional aftermath of this event."
ABOUT THE AUTHOR
Pratyush Dayal covers clime change, migration and contention and sex issues among wide quality for CBC News successful Windsor. Before that, helium worked for 3 years astatine CBC News Saskatchewan. He has antecedently written for the Globe and Mail, the Vancouver Sun, and the Tyee. He holds a master's grade successful journalism from UBC and tin beryllium reached astatine [email protected]
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