An Ontario Provincial Police (OPP) officer who is charged with manslaughter took the stand on the fourth day of his trial in Chatham.
Constable Sean O'Rourke, 57, is charged in connection to the fatal shooting of Nicholas Grieves on Highway 401 near Ridgetown on July 7, 2021.
O'Rourke testified on Thursday, answering questions about his background, his policing career, and his training.
He also testified about the strategy, procedure, and events that led up to the fatal shooting of 24-year-old Nicholas Grieves on Highway 401 near Ridgetown in July 2021.
Constable O'Rourke noted that the suspect vehicle he was following on Highway 401 on July 7, 2021 was weaving across the road before he pulled his unmarked police vehicle in front of it to prevent the suspect from moving ahead of him on the highway.
The constable noted that he activated the emergency lights on his police vehicle at the same time that another OPP officer, whose marked cruiser was behind the suspect vehicle, activated emergency lights.
Constable O'Rourke testified that once the emergency lights had been activated, the driver of the suspect vehicle sped up and attempted to pass his vehicle on the paved right shoulder of the highway before it rammed his cruiser.
"He was completely crazed -- he didn't care about me," said O'Rourke. "He didn't care about the public and he didn't care about his passengers... he was completely focused on getting away."
After hitting O'Rourke's vehicle, the suspect vehicle spun out across the highway and went off the road into the grass centre median, according to Constable O'Rourke, noting that he got a clear look at the driver at that point.
"His eyes were extremely crazed, they were bugging out of his head," said O'Rourke, adding that he saw the driver looking back at his cruiser before the driver's eyes shifted down to the centre console.
Constable O'Rourke said after what he had witnessed, and based on his experience in similar situations, he presumed there was a weapon in the vehicle.
He said the driver then hit the gas in an attempt to flee, spinning the wheels, and sending dirt flying.
Constable O'Rourke said the suspect vehicle gradually slowed down to the point where he decided he would slow his police vehicle down to a stop.
Constable O'Rourke said at that point, he drew his police firearm and called out several commands as loudly as he could as he approached the vehicle.
The constable testified to activating a white light on his pistol so that he could see clearly into the vehicle.
He testified that the driver and the passenger were not obeying police commands as he approached the suspect vehicle before he stumbled toward the vehicle, and then into the suspect vehicle itself on the passenger side.
His hands, which were still holding the gun, went into the vehicle as he stumbled forward.
Constable O'Rourke testified he was trying to back himself up out of the vehicle when his gun went off.
"I had zero intention of deploying a round," said O'Rourke. "I didn't know why, I didn't know how."
Constable O'Rourke testified that as far as he remembers, his trigger finger was on the "slide" of the gun, not the trigger, the whole time he was holding it.
After a recess, O'Rourke's testimony continued.
The defence asked O'Rourke if he feared serious harm or death when he got out of his car the morning of July 7, 2021.
"There's no question, I felt that situation fit the mandate of serious bodily harm or death," O'Rourke told the courtroom.
Prior to that, O'Rourke outlined the relevant firearm training he received at the Ontario Police College. He also said he served on the Tactics and Rescue Unit for a few years and walked the courtroom through some of the training required to serve, including: psychological and physical testing, firearms training, hostage rescue and advanced sniper courses.
After he left the TRU, O'Rourke said he was a use of force instructor and firearms instructor. When he returned to Chatham, he said he trained several times a year to try and keep his skills up.
When asked by the defense if he could estimate how many high-risk takedowns he had conducted on vehicles over the years, O'Rourke first said no, then suggested the number would be "at least 50."
The Crown requested a delay on the cross-examination of O'Rourke after receiving new information Thursday. The trial will resume Friday morning.
Both the defense and Crown suggested the evidence portion of the trial would wrap up Tuesday after testimony from one more expert witness.
**with files from Matt Weverink