Non-binary Ottawa firefighter testifies of fearing for life during alleged assault

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Ash Weaver says they feared for their life when a colleague put his hands on them.

Taking the witness stand on the third day of a judge-alone trial for Eric Einagel and Gregory Wright, Weaver, a non-binary rookie firefighter, testified Einagel, then a fellow firefighter, put both hands around their neck, squeezing and shaking Weaver.

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“He was squeezing so f—— hard, his fingers on either side were digging into my neck,” Weaver testified, adding they felt a “sharp, sharp, sharp pain” in the back of their neck and down into their back.

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Weaver said they couldn’t breathe and were “fighting as hard as I could to get out of it,” but eventually, “I felt my body just relax, and I was like, ‘I’m going to f—— die. I’m going to die. There’s nothing I can do. I wasn’t strong enough. I’m just going to die.’”

Einagel is accused of assault causing bodily harm in choking Weaver as well as harassment. The Crown alleges he threatened Weaver and caused them to fear for their safety.

Wright 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.

READ MORE: Non-binary firefighter wasn’t discriminated against, witness testifies at trial

Fellow firefighter Megan Hills testified earlier in the trial that Weaver and Einagel were fighting over dishes, exchanging 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.

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Hills maintained under cross-examination that the only thing she heard Einagel say was, “Let me do the f—— dishes.” Weaver’s testimony, though, painted a different picture of the alleged assault.

Weaver testified that Einagel threw plates at them and grabbed their wrist while they were at the dish-washing sink, while saying “all this s— about who I am. He just kept on saying I’ve gotta f—— stop being who I am.”

When Einagel grabbed Weaver, Weaver said they were “trying to check him as hard as I f—— could to get him to back off.” Weaver said Einagel was “slamming the f— out of me into the side of the kitchen counter.”

Once Einagel let go of Weaver’s neck, Weaver said Hills told them to “go run and hide,” something Hills disputed, though she did say she broke the fight up by saying, “Enough!” and telling Weaver to leave the kitchen.

During Weaver’s testimony, Crown prosecutor Siobhain Wetscher emphasized the “physical differences” between Weaver, who stands at about five feet four inches tall, and Einagel, who is more than six feet tall. Weaver estimated they weighed between 135 and 140 pounds and pegged Einagel’s weight at around 200 pounds.

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Earlier in the day, before the alleged assault, Weaver testified that Einagel had “ripped” some flags out of their hands before they could set up the flags outside the fire station, a task typically delegated to a crew’s most junior member.

Weaver said Einagel was “physical” toward them “because of his frustration with me, because of who I am.” Weaver said she asked other firefighters if Einagel typically acted like this, and, “I was told it was just directed at me.”

Hills previously testified that she, Weaver and Einagel were part of a “good crew” at Station 27. Weaver had asked if Hills thought the alleged assault happened because of their sexuality, and Hills responded, “I know Eric. It’s not about your sexuality.” She also reiterated she had never heard him say anything hateful or bigoted.

Weaver, though, said there was “a lot of dislike toward me out there on the floor,” and Einagel and Weaver had multiple conversations about Weaver’s non-binary identity.

“He would tell me how non-binary isn’t a real thing, it’s something that just recently became a thing, and I was trying to be popular by doing it, but it’s not really who I am,” Weaver said. “He’d bring up numerous times how I’m not a mom and not a dad, so how can I call myself a parent?”

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Weaver said the conversations would “come up out of nowhere,” but they tried to approach the talks as “an educational thing.”

Hills’s testimony said the conversations were educational and not disrespectful.

Weaver, though, said Einagel would be “more dismissive” when the two of them would speak privately.

Weaver said they would have preferred not to have those conversations, but didn’t report them to any higher-ups, saying Wednesday, “I thought if Eric got to know me more, he would understand.”

Weaver was in their first year on the job as a full-time firefighter, and in court called it their dream job: “I really wanted to be there. I have a past of explaining to people who I am, trying to get them to understand.”

Weaver said that earlier in the shift, before the alleged assault, Einagel said, “No matter what you do, people hate you for being you unless you change something.”

Weaver said Wright, the unit’s captain, was nearby during this conversation and said something to the effect of “As far as I’m concerned, we treat you like any other firefighter.”

Following that conversation, the crew sat down for dinner, but Einagel didn’t eat much, Weaver recalled. This was supported by the testimony of Hills, who said it stuck out in her memory because “usually he’s a two-plate kind of guy.”

Weaver was uneasy and “felt like something was up” as Einagel was “sitting directly across from me and he was just staring me down, not touching his food. Just staring at me very intensely.”

After dinner, Einagel followed Weaver to the kitchen, where the alleged assault occurred.

Weaver’s testimony was expected to continue Thursday, with the trial scheduled to continue for three weeks.

With files from Postmedia News

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