Crown wraps up after 2 witnesses in firefighter assault trial

After hearing from just two witnesses, the Crown has finished calling evidence in their case against a former Ottawa firefighter accused of assaulting and choking a non-binary colleague, and their captain who's accused of trying to prevent the complainant from reporting the incident.

Eric Einagel is charged with choking, assault causing bodily harm and harassment by threatening conduct in relation to what's been described as a "dish fight" with Ash Weaver on Sept. 14, 2022. They were at Fire Station 47 on Greenbank Road in Barrhaven.

Einagel was fired after the alleged assault.

Greg Wright, a captain at the same station, is charged with criminal negligence causing bodily harm and threatening to discipline the complainant to prevent them from reporting the incident. He was suspended without pay for three days following an internal investigation.

• Friendly exchanges before alleged fire station assault tell different story, lawyer argues
• 'I'm just going to die': Non-binary firefighter feared for their life during alleged choking

Defence lawyers for Einagel and Wright completed their lengthy cross-examination of Weaver on Wednesday afternoon. It was Weaver's fourth day under cross-examination.

Following a brief re-examination, Crown attorney Siobhain Wetscher told the court they no longer plan to call the two witnesses left on their list: Scott Grakist, the Ottawa Fire Services (OFS) platoon chief who first heard Weaver's complaint, and Deputy Chief David Matschke, who conducted the internal OFS investigation.

The Crown had already dropped another eyewitness, firefighter Adam Martin.

That leaves the defence to decide whether they plan to call more evidence or rest their case as well, presenting the possibility the criminal trial could wrap up Thursday.

Captain's role under scrutiny

Wright's defence lawyer Joshua Clarke spent most of Tuesday challenging Weaver on their version of events, particularly when it came to their recollection of how the captain dealt with the incident and its aftermath.

Clarke described Station 47 as a welcoming workplace where the crew did their best to make Weaver, a rookie on their first rotation at the time of the alleged assault, feel included. He described Wright as an "easy-going" leader of the seven-member crew.

Wright prepared the station for Weaver's arrival that July by having extra lockers installed in the female dorm and moving a desk to make more room. He frequently checked in on Weaver to see if they needed anything, Clarke said. 

But Weaver didn't always reciprocate, Clarke said.

"At times you were downright stand-offish with the other members of the crew, right?

"I don't remember this, no," Weaver replied.

Clarke challenged Weaver's recollection that Wright was within earshot on occasions when Einagel allegedly said hateful things about Weaver's gender identity, including during the alleged assault, calling any such accusations "implausible."

Nor was Wright immediately aware of the scuffle in the kitchen, even though he was standing at a nearby green bin with his back turned — further proof, Clarke said, that the alleged assault lasted only "a matter of seconds" and wasn't nearly as violent as it has been portrayed.

"I'll suggest to you that he didn't know that anything had gone on other than your normal rookie duty horseplay, right?" Clarke put to Weaver.

'No reason' to go to hospital

Clarke also asked why, if Weaver was in severe pain and fearing for their life after the incident, they went to the truck bay instead of calling 911 or going to the hospital.

"I don't remember feeling like that was an option," Weaver said.

"Ultimately you didn't because it wasn't bad enough that you needed to resort to something more drastic, right?" Clarke asked.

"I thought Eric was going to kill me. That was bad enough," Weaver replied.

"Ultimately, there was absolutely no reason for you to need to go to the hospital," Clarke persisted.

"You're wrong," Weaver said.

Clarke also challenged Weaver's claim that Wright instructed them not to seek medical attention, telling them that the best thing for their career would be to join the rest of the crew on a door-to-door fire safety campaign in the nearby neighbourhood.

"I don't remember feeling like I had a decision. I did what the captain said and I got on the truck," Weaver said.

Weaver eventually went to the Montfort Hospital where they were examined and given Advil and a note to take five days off work. They sought additional care from a variety of professionals, and in November applied to the Workplace Safety and Insurance Board (WSIB) for compensation. 

They have not returned to work as a firefighter and remain on WSIB support.

Closet conversation

When the crew returned to the station later that evening, Weaver sat on a chair in a supply closet off the truck bay where Wright joined them a short time later.

Weaver claims Wright discouraged them from reporting the incident, telling them, "I don't want this coming back on me."

Weaver has testified that in that moment they feared Wright, who had closed the closet door and turned out the lights, also wanted to kill them.

But Clarke said that's not how the conversation went, and said it was Weaver — not Wright — who wanted the whole thing swept under the rug.

"He asked you if you wanted it reported up the chain and you said no," Clarke insisted. "Sweep it under the rug. That's what you wanted ... You didn't want to make this a big deal because at the end of the day, this was your dream job."

Clarke told the court that ultimately, Weaver pursued criminal charges against Wright and Einagel because they were dissatisfied with the way the internal OFS investigation was going.

"You decided you wanted to pursue these criminal charges because you were pissed off that the OFS wasn't going to give you what you want ... and so you lash out, essentially, and basically take all the people you don't like and drag them down," Clarke alleged.

"Incorrect," Weaver replied.

Earlier in the day, Justice Mitchell Hoffman instructed Weaver to answer the questions put to them more directly.

"A witness has much leeway in how they answer questions ... but at a certain point, especially when the questions are more specific, the witness has an obligation to directly answer the questions," Hoffman told them.

The trial resumes Thursday.