Former Ottawa firefighter, captain exonerated at trial in dispute with rookie non-binary firefighter

Two firefighters have been cleared of charges related to an alleged assault on a rookie non-binary firefighter.

“The Crown has not even come close to proving any of the three remaining charges beyond a reasonable doubt,” Justice Mitchell Hoffman said Wednesday.

Eric Einagel faced charges of assault causing bodily harm in choking Ash Weaver, as well as harassment, in an incident dating back to Sept. 14, 2022, at an Ottawa Fire Services station in Barrhaven. The Crown also alleged he threatened Weaver and caused them to fear for their safety.

Capt. Gregory Wright, meanwhile, was charged with threaten retaliation for reporting. He was 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.

Partway through the trial, the Crown dropped a charge of criminal harassment against Einagel and a charge of negligence causing bodily harm against Wright.

The case centred around a fight that turned physical between Einagel and Weaver, over who was doing the fire crew’s dinner dishes, a task typically left to the most junior firefighters. Fighting for the privilege of performing menial tasks is a well-established practice within the Ottawa Fire Service and other fire services, multiple firefighters testified.

Either Weaver or Einagel could opt out of the “activity,” Hoffman said, as other firefighters do, including fellow firefighter Megan Hills.

Hoffman said he accepted the testimony of Hills, who was standing next to Einagel and Weaver during the altercation. The judge characterized her as an “independent, fair, honest, and reliable witness,” who only missed one split-second maneuver during the “fast-moving, intense exchange” between her two colleagues, which lasted about five to 10 seconds.

She said she saw Einagel and Weaver exchange shoves and hip checks at the sink, and that Einagel’s hand was at Weaver’s throat for less than a second.

The judge did not believe Weaver’s testimony that Einagel lifted, choked and slammed them, causing them to fear for their life. He agreed with the defence’s argument that Weaver was not a trustworthy witness, saying Weaver only decided to proceed with criminal charges against Einagel and Wright after it became clear Ottawa Fire Services wouldn’t fire Einagel. However, Einagel was ultimately fired by the service, but continues to work as a firefighter in Alberta.

Hoffman also accepted Einagel’s recollection that he stuck his arm out to block Weaver, who had dropped their shoulder and was coming in for a football-style tackle, which had been a successful finishing move in a prior scuffle that occurred between the two a few weeks earlier. In this case, Einagel had intended to block Weaver by putting his hand on their chest, clavicle or shoulder area, and his hand “unintentionally slipped” to their neck.

Einagel didn’t apply force to Weaver’s neck, he said, and removed his hand within a second, Hoffman concluded.

“In other words, instantly.”

This is backed up by the lack of physical injuries Weaver sustained, he added, though Weaver was “upset” by the way the fight ended. That was understandable, given their history of being choked at prior workplaces, and also facing issues in other workplaces for their gender identity.

“There was also a time in drill school that Weaver was the subject of a “horrible and troubling threat,” Hoffman said.

“Perhaps more formal reviews might have caught stress points in Ash Weaver’s integration into Station 47, he said, but “that issue is not part of the consideration of a criminal trial,” and furthermore, fellow firefighters testified that they were “highly supportive” of their non-binary colleague.

The dish fight, Hoffman determined, was not out of hate or bias Einagel held towards Weaver because they were non-binary. He said Einagel was indeed an ally to the LGBTQIA community.

“That is not part of who Eric Einagel was, or how he conducted himself, at any time,” he said.

Einagel’s lawyer Dominic Lamb said Einagel was relieved by the not-guilty verdict.

“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,” he said in a statement.

As for Wright, Hoffman determined the captain, “never threatened by implication, or otherwise tried to dissuade” Weaver from reporting the altercation with Einagel, nor from going to the hospital, nor staying behind from a call, nor going home early, Hoffman said.

“He abided by Ash Weaver’s stated desires, to keep the incident internal amongst the crew of Station 47,” Hoffman said.

The judge determined Wright also never told anyone on shift to keep the incident among themselves, something he’d logically have to do if he told Ash Weaver not to report it and keep it within the crew.

Wright’s lawyer Joshua Clarke said the verdict was a full exoneration of Wright, allowing him to finish his time with the fire service “with the distinction with which he has carried himself throughout the trial, and his entire career,” he said, adding “we shouldn’t have ever had a trial.”

A statement from the Ottawa Professional Fire Fighters’ Association said the union strongly believes everyone deserves to work in an environment free of discrimination, harassment, and violence, and “today’s verdict affirms that commitment.”

Union president David Andre said the union would continue to work with management “to promote a safe, fair and equitable workplace for all members.”