OPP officer at scene of shooting tells court officer's gun 'went off'

The court heard dramatic new details Tuesday in the manslaughter trial of Ontario Provincial Police Const. Sean O'Rourke. 

A fellow OPP officer who was with O'Rourke at the time of the shooting said he heard the officer say his gun went off. 

"He uttered, he thinks his firearm went off, 'I think my gun went off,'" Sgt. Bradley Cooke told the court.

The judge-alone trial began Monday in the Superior Court of Justice in Chatham. O'Rourke is on trial for manslaughter in the July 2021 death of Nicholas Edward Grieves, 24, a member of Six Nations of the Grand River living in Windsor. O'Rourke has pleaded not guilty. 

On Tuesday, the court heard from officers who were with O'Rourke in the moments before and after the shooting. 

On July 7, 2021, OPP responded to a call about a gasoline theft of $40 at a Dutton gas station. Officers located the vehicle believed to be involved travelling westbound on Highway 401 and followed it.

Cooke was one of them. He told the court Tuesday that he was driving a marked vehicle behind O'Rourke's unmarked grey vehicle.

The uniformed officer told the court that their plan since receiving the dispatch call was to follow a tandem stop, a procedure in which a vehicle is boxed in as a way to stop it.

Cooke said Grieves "didn't seem to be speeding." While Cooke was driving in the right hand lane behind him, he said O'Rourke was in the left hand lane "pretty much was driving next to the suspect vehicle."

Soon enough, Cooke said he activated lights and sirens and immediately saw Grieves' car swerve a couple of times.

"It spun out, felt like a slow motion, but happened quickly, a 360, and went into the centre median… anticlockwise into the ditch," he said, noting he could hear the wheels spinning and car's muffler being very loud.

"Const. O'Rourke pulled quickly into the ditch where the suspect vehicle was."

Upon exiting his police cruiser, Cooke said heard screaming coming from inside the car.

"Const. O'Rourke had both of his hands with a firearm pointed to the vehicle," he said.

Cooke said he saw O'Rourke draw his weapon but did not draw his own. 

Cooke recounts hearing O'Rourke say his firearm went off

Crown Attorney Jason Nicol asked whether Cooke heard a gunshot and the officer said he didn't — but told the court he heard O'Rourke saying his firearm went off while still pointing to the car.

Cooke said they pulled Grieves out of the car as he was unresponsive but didn't see any visible injuries. When they took his red T-shirt off, Cooke said "there was a bullet shot in his right arm."

"He was breathing but wasn't conscious."

Shortly, Cooke said Grieves stopped breathing and they conducted CPR for a while until the EMS arrived and took over.

'Above and beyond,' says OPP colleague says of O'Rourke

OPP Const. Lisa Peck, who was also on duty that day was also nearing the scene after having heard over radio O'Rourke asking for EMS citing a gunshot wound.

"I know a firearm had been discharged. I don't have any other specifics," she told the court.

She said that upon arrival she saw O'Rourke and Cooke performing CPR and she aided other companions of Grieves in the car.

During examination by O'Rourke's lawyer, Sandy Khehra, Peck said she had known O'Rourke for 17 years.

"Above and beyond," she said of O'Rourke's work ethic.

"Skilled, passionate about his job, he will help anyone improve their skills."

Two expert Crown witnesses for expected Wednesday.

O'Rourke, who joined the Chatham-Kent OPP detachment in 2004, has been suspended with pay since being charged by the unit in 2022.

The trial is expected to last two weeks.