The former Ottawa firefighter accused of assaulting and choking a non-binary crewmate during an altercation over the dinner dishes flatly denies feeling angry or frustrated with the complainant, and insists he never placed his hand on their throat during the incident.
Eric Einagel testified Tuesday under cross-examination at his criminal trial in Ottawa.
Einagel is charged with assault causing bodily harm and assault by choking for his role in the scuffle with rookie Ash Weaver at Station 47 in Barrhaven in 2022. A third charge of harassment by threatening conduct was dropped earlier in the trial.
Einagel, 39, was fired following the incident and now works as a paramedic and firefighter for a private company in Alberta.
Greg Wright, a captain at the same station in Barrhaven, is charged with threatening to discipline the complainant to prevent them from reporting the incident. A charge of criminal negligence causing bodily harm against Wright was also withdrawn. Wright remains with Ottawa Fire Services (OFS) and is expected to be called as a witness later this week.
‘Confrontation’ or ‘horseplay’?
On Monday, Einagel portrayed himself as a staunch supporter and ally of the 2SLGBTQ+ community, and said he thought he and Weaver were simply “playing around” when they began pushing and shoving in front of the kitchen sink to determine who’d wash the dishes that evening.
The court has heard junior firefighters regularly competed with one another, often physically, for the “right” to perform menial tasks around the station, thereby demonstrating their initiative.
Einagel also testified that on Aug. 1, 2022 — his very first shift at Station 47 — he and Weaver got into a similar tussle over the dinner dishes, but that time Weaver won and Einagel relented.
He testified that on Sept. 14, he believed they were engaging in the same type of contest — physical but friendly.
On Tuesday, Crown attorney Sonia Beauchamp challenged that version of events, telling Einagel he could have just walked away and let Weaver continue doing the dishes.
“Instead, you escalated things to a physical altercation, correct?” Beauchamp asked.
“That’s when we started our horseplay, yes,” Einagel replied.
“Well, that’s when you started it, yes,” Beauchamp shot back. “At every turn in the interaction with Ash, you’re the one that escalated to the next level,” she continued.
“We were mutual participants in it,” Einagel replied.
“At every turn, you chose confrontation with Ash,” Beauchamp insisted.
“It wasn’t confrontation,” Einagel said. “We were having fun. It was just horseplay.”
‘You were mad that day’
Einagel has testified that on that occasion, after asking Weaver twice to let him do the dishes, he said “game on,” grabbed the sink dividers and hip-checked Weaver out of the way. Weaver charged back and in the ensuing melee Einagel shoved their back with both hands, he testified.
He has consistently denied placing a hand on Weaver’s neck, although another firefighter, Megan Hills, told the court she saw his hand on Weaver’s throat for about a second.
Beauchamp told Einagel his anger was “mounting” in that moment, and said he used his right hand to reach around Weaver’s body and “straight for their throat.”
“You were mad that day and you took things to the next level with Ash, and however briefly, you choked them,” Beauchamp said.
“I wholeheartedly disagree,” Einagel replied. “I thought we were still having fun at that time.”
Einagel has testified that he only realized Weaver was upset when he saw their face after Hills told the two to stop, and said he felt “terrible” after.
On Wednesday, Einagel’s defence team is expected to call three additional witnesses including two of his coworkers and a family member. Wright is expected to be his defence lawyer’s sole witness.
The trial could end Friday with closing submissions from the Crown and defence.