A former Ottawa firefighter has been found not guilty of assaulting and choking a non-binary colleague during a ritualistic scuffle over the dinner dishes at a Barrhaven fire station two years ago.
Their captain has been found not guilty of threatening to discipline the alleged victim in an attempt to keep the incident under wraps.
Justice Mitchell Hoffman handed down his decision in an Ottawa courtroom Wednesday morning. The judge-alone criminal trial heard evidence from seven witnesses over 12 days in May.
Lawyers for the Crown and the accused made their closing submissions in early July, and Hoffman was originally expected to hand down his decision in August.
Former Ottawa firefighter Eric Einagel, 39, was charged with choking and assault causing bodily harm.
Capt. Greg Wright, 58, was accused of threatening to discipline the complainant, Ash Weaver, to prevent them from reporting the incident that unfolded on Sept. 14, 2022, at Station 47 on Greenbank Road in Barrhaven.
“Ash Weaver was not assaulted by Eric Einagel and was not threatened by Greg Wright,” Hoffman said Wednesday, adding the Crown had “not even come close” to proving the allegations.
Both accused faced additional charges that were dropped earlier in the Ontario Court of Justice trial.
Court heard differing accounts
Witnesses offered the trial starkly different accounts of the scuffle between Einagel and Weaver, which Ottawa police investigated as a hate crime, as well as what happened before and after the incident.
Weaver, who is non-binary, testified Einagel choked them with both hands during their altercation at the fire station’s kitchen sink, lifted them off the ground and smashed their head into the countertop.
Weaver also said over the six weeks they worked together at Station 47, Einagel routinely questioned their gender identity and told them they didn’t belong because of who they are.
Einagel denied intentionally wrapping his hands around Weaver’s neck and gave an altogether different account of the scuffle. Another witness testified she saw Einagel place one hand on Weaver’s throat, but for no more than a second.
Court also heard evidence that Einagel is in fact a staunch ally of the 2SLGBTQ+ community and witnesses denied hearing him speak disparagingly about Weaver’s gender identity. Court heard evidence that the two had been friendly before the incident, though witnesses described Weaver as generally guarded and stand-offish.
Einagel’s lawyers argued the scuffle itself was part of unique custom among rookie firefighters who engage in physical duels for the “right” to perform menial chores such as washing dishes or mopping floors.
Ottawa Fire Services has since ordered firefighters to cease the practice.
During the trial, Einagel’s lawyer Dominic Lamb called the altercation “a mutual and consensual back and forth,” and described such horseplay generally “the stuff of fire halls — pushing and shoving, bodychecking and tackling.” He also pointed out the two had jostled over the dishes before without incident.
Lamb dismissed Weaver’s account of what happened at Station 47 and Einagel’s attitude toward them as “fantastical.”
Similarly, Wright’s lawyer Joshua Clarke dismissed Weaver’s version of a conversation between the captain and the rookie that took place in a utility closet after the altercation, insisting it was Weaver, not Wright, who wanted to keep the incident quiet.
Judge rejects choking charge
On Wednesday, Hoffman explained that after weighing the evidence, he concluded Einagel’s hand “unintentionally” slipped from Weaver’s clavicle to their neck as he reached out to defend himself against Weaver, who was advancing in a “football-style” charge — just as Weaver had done during a previous scuffle six weeks earlier.
He rejected any notion that Weaver had backed into Einagel during the dish fight, noting Einagel would have had to contort his wrist at an “extreme angle” to wrap his fingers around Weaver’s throat, as a sketch drawn by another witness and entered into evidence indicated.
Nor did Weaver suffer physical injuries consistent with choking, Hoffman noted.
“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,” he concluded.
“I find the dish fight conducted between Eric Einagel and Ash Weaver on Sept. 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,” Hoffman said. “It was open to Eric Einagel or Ash Weaver or both to opt out of this activity.”
Einagel ‘was an ally,’ judge says
Nor was there sufficient evidence to suggest Einagel had said hateful things about Weaver’s gender identity, either during the dish fight or at any other time.
“Eric Einagel was an ally to the 2SLGBTQIA+ community and treated Ash Weaver respectfully as a colleague,” Hoffman said.
The dish fight on Sept. 14, 2022, “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,” Hoffman said, noting Einagel was among a group of “highly supportive colleagues” who did their best to welcome Weaver.
Similarly, Hoffman rejected the accusations against Wright, whose evidence he described as “straightforward, reliable and credible.”
Hoffman agreed it was Weaver, not the captain, who wanted to “keep it in the station,” and noted Wright had planned to address the incident with the crew during their next shift together on the following Saturday.
That never happened: Wright was reassigned and Einagel was sent home and eventually fired.
Allegations ‘destroyed a career’
In a statement following Wednesday’s decision, Einagel’s lawyer Dominic Lamb said his client is “relieved to see justice finally done,” but noted the allegations cost him his job and threatened his reputation.
“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.”
Outside the courthouse Wednesday, Wright’s lawyer Joshua Clarke called the decision a “full exoneration” for his client, who is nearing retirement.
“This allows him to … finish his career with the distinction with which he’s carried himself throughout this trial and his entire career,” Clarke said, standing alongside Wright and his wife. “I know he’s incredibly relieved, and basically we shouldn’t have ever had a trial.”
In another statement, the Ottawa Professional Fire Fighters’ Association said it “strongly believes everyone deserves to work in an environment free of discrimination, harassment, and violence. Today’s verdict confirms that commitment.”
Only Wright was present in the courtroom to hear Wednesday’s decision. Einagel, who now works in Alberta, joined virtually. Weaver did not make an appearance.
Hoffman must still present his full written reasons, likely toward the end of October.