Defence argues non-binary Ottawa firefighter misrepresented accused’s actions

Article content

Chummy text messages and a smiling selfie were presented in court Tuesday as defence lawyers attempted to dispel that an Ottawa firefighter choked his non-binary colleague in a hate-fueled assault.

Defence attorney Dominic Lamb presented text conversations between Eric Einagel and Ash Weaver, then fellow firefighters at Station 47 in Barrhaven, which showed a friendly relationship between the two.

Article content

Article content

Weaver has accused Einagel of assaulting them on Sept. 14, 2022, saying he grabbed their wrists and “slammed” them into a kitchen counter before his hands went for their neck, picking up and shaking Weaver as he choked them. Weaver testified Einagel said they “wouldn’t last” around the fire station and “had to change” who they were.

Einagel faces charges of assault causing bodily harm for allegedly choking Weaver, as well as harassment. The Crown alleges he threatened Weaver and caused them to fear for their safety.

Gregory Wright, captain of the fire crew, is accused of failing to take reasonable steps to prevent bodily harm against Weaver as well as disciplining Weaver or threatening to do so and adversely affecting their employment with the ultimate goal of stopping Weaver from going to police about the alleged assault.

On the sixth day of a judge-alone trial before Justice Mitchell Hoffman, Lamb, Einagel’s lawyer, showed a photo taken in late August 2022 of Einagel and Weaver. The two were sitting in a firetruck while on duty, both smiling. Weaver, behind the wheel, gave the camera a thumbs-up.

Article content

“He sent it to you because he’s being nice to you,” Lamb said.

Before the alleged assault, Einagel and Weaver also exchanged text messages about flight discount codes, swapping shifts and FireFit, a competition based on skills performed by firefighters in emergency situations. Einagel had participated in a competition in the days before the alleged assault.

“Hey congrats on your kick a– racing!” Weaver messaged Einagel following the event. “Absolute pleasure watching you do your thing!”

“Thanks for the positive words,” Einagel responded, in part, with a thumbs-up emoji.

In another exchange, Einagel invited Weaver to a FireFit practice: “It would be great to have you out.”

Weaver testified they wanted Einagel to see them “as a real person.”

“Here’s his text, seeing you as a real human being, because that’s how he treated you. Isn’t that right?” Lamb said.

“No,” Weaver answered. “I didn’t feel that way.”

Lamb presented this evidence in stark contrast to how Weaver characterized their relationship with Einagel, saying he would question Weaver’s gender identity and sexuality multiple times when they were on shift together. Weaver’s testimony is disputed by other firefighters in the crew.

Article content

Weaver previously testified Einagel was “physical” toward them “because of his frustration with me, because of who I am.”

Lamb, though, said Einagel “was a decent person. He was respectful to you, respectful to who you are.”

Weaver’s assertion that Einagel hated them because they were non-binary “doesn’t make any sense now, does it?” Lamb said. “You’re just having a normal conversation with him, that’s what’s happening. That’s what this is.”

Lamb went on to again call Weaver’s testimony “fantastical,” claiming they “mischaracterized, misperceived or misrepresented” various interactions with Einagel leading up to the alleged assault as well as the incident itself.

Weaver previously testified that Einagel had told Weaver to bring in an Oreo cake for a crew party when they transferred to a new station. Probationary firefighters, like Weaver, rotate to several different stations in the city for their first year of service. Weaver had indicated Einagel’s cake request was mean-spirited as he was looking forward to them leaving Station 47.

“It was a joke. Wouldn’t you agree?” Lamb said.

Article content

“I feel like he sincerely wanted to know when I was leaving,” Weaver replied.

Lamb again asserted the alleged assault was a mutual fight over dishes, with the two competing to show they were keen to do chores around the station. Fellow firefighter Megan Hills previously testified the two exchanged hip-checks and shoves, with Weaver giving as good as they got. Hills said Einagel’s right hand was on Weaver’s throat “just for a second” and he didn’t shake, lift or slam Weaver. The assault is alleged to have happened directly in front of Hills.

Lamb emphasized Weaver’s athletic history in both football and hockey and suggested Weaver was keen to escalate the physical battle with Einagel on Sept. 14.

“In all your years of Aussie rules football, competitive hockey, did you ever tackle or check someone?” Lamb asked.

“I never strangled anyone,” Weaver replied. “I never told anyone they don’t have a right to exist for who they are.”

Lamb suggested Einagel never said those words, adding Weaver “went in for a football tackle” during the alleged assault, adding Weaver had tackled Einagel in August, something Weaver said they didn’t recall.

Article content

Lamb also suggested Weaver was not finished with Einagel during the alleged assault, which was broken up by Hills’ yelling “Enough!” and telling Weaver to leave the kitchen.

“You were ready to go back in for more,” Lamb said.

“I was not,” Weaver replied.

Lamb had previously zeroed in on inconsistencies between Weaver’s sworn testimony before the judge and in their report to police and the city’s investigation, as well as conflicting testimonies from other firefighters.

“Over the last 20 months, and throughout this trial, you’ve deliberately misrepresented, mischaracterized, and couldn’t remember when it suits you,” Lamb said.

“I’ve told the truth,” Weaver responded.

The trial is expected to continue this week.

Article content