The YCMTSU criminal case against an Ottawa firefighter and his officer arising out of a firehouse scuffle, has come to a close with both being found not guilty of all charges. The scuffle was precipitated by what began as a friendly dispute involving a senior firefighter who wanted to handle dishwashing chores, and a rookie who insisted on doing it themselves.
Firefighter Eric Einagel faced criminal charges for allegedly assaulting rookie firefighter Ash Weaver. Fire Captain Greg Wright faced charges of criminal negligence and threatening Weaver in an effort to keep the matter from being reported. Einagel, 38, was fired and Captain Wright, 58, was suspended for three days and transferred.
The altercation began when Weaver, who is openly non-binary, was preparing to handle dishwashing responsibilities after dinner. Einagel said he would perform the chore instead. Mutual pushing ensued culminating with Einagel reportedly placing his hands on Weaver’s neck. They alleged Einagel tried to choke them because they are non-binary. [For my editor-buddies out there… there are no grammar mistakes in that last sentence]. Here is earlier coverage of the case.
Physical contact of this sort was apparently a common phenomenon in the Ottawa Fire Services, described in court as physical duels involving rookies vying for the right to perform menial tasks. The department has since issued a policy banning it.
Justice Mitchell Hoffman of the Ontario Court of Justice handed down his not guilty verdicts this morning, concluding that Eingel did not intentionally choke Weaver, concluding one of his hands may have inadvertently slipped off Weaver’s shoulder onto their throat when they charged him “football” style. He also concluded that it was Weaver who asked that the matter be kept “in the station,” not Captain Wright.
Justice Hoffman was quoted by CBC News as saying the following:
- The lack of any physical injuries, even redness, on Ash Weaver’s neck strongly suggests no squeezing force was used as suggested by Ash Weaver.
- I find the dish fight conducted between Eric Einagel and Ash Weaver on September 14, 2022, remained within the bounds of a consensual physical competition which fire stations across the country condone or encourage to a greater or lesser extent.
- It was open to Eric Einagel or Ash Weaver or both to opt out of this activity.
- Eric Einagel was an ally to the 2SLGBTQIA+ community and treated Ash Weaver respectfully as a colleague.
- [The incident] was never about hate or bias by Eric Einagel because Ash Weaver was non-binary.
- That is not part of who Eric Einagel was or how he conducted himself at any time.
Attorney Dominic Lamb, who represented Einagel, was quoted by CBC News as saying:
- [My client is] relieved to see justice finally done.
- These false allegations destroyed a career he spent decades building and defamed his good character.
- Eric has always been a true ally and the particular nature of these false allegations deeply wounded him on a personal level as well.
Attorney Joshua Clarke, who represented Captain Wright, was quoted by CBC News as saying
- [The decision was a] full exoneration.
- This allows him to … finish his career with the distinction with which he’s carried himself throughout this trial and his entire career.
- I know he’s incredibly relieved, and basically we shouldn’t have ever had a trial.