Chatham-Kent OPP officer on trial for shooting death after alleged gas theft

A Chatham-Kent OPP officer is on trial for a shooting death after an alleged gas theft after four years ago. CTV Windsor’s Michelle Maluske reports.

A Chatham-Kent OPP officer is on trial for a shooting death after an alleged gas theft almost four years ago.

Warning: Contains graphic content

Const. Sean O’Rourke, 57, pleaded not guilty Monday to manslaughter after a charge of criminal negligence causing death was withdrawn by the crown.

On July 7, 2021, 24-year-old Nicholas Grieves was shot and killed behind the wheel of his car in the center median of the westbound lanes on the 401.

According to his family, Grieves is Indigenous and was just three days away from his 25th birthday. He is survived by a young child.

They tell CTV News Grieves had stolen $20 in gas. Court learned on Monday it was a reported $40 theft of gas.

Court learned Monday the OPP was advised around 4 a.m., of a theft of gas from the Dutton OnRoute service center on the highway.

O’Rourke responded to the call, but court has yet to hear what happened next.

The prosecutor said Grieves died from “extensive internal blood loss” after he was shot once through the right deltoid.

The bullet went across his chest, striking two main arteries, according to the autopsy results.

He was transported to Chatham Kent Health Alliance, but paramedics and hospital staff were unable to save Grieves’ life.

In the Agreed Statement of Facts, court learned Grieves had a “recreational” amount of methamphetamine and fentanyl in his blood stream, but it was not a contributing factor to his death.

The prosecution intends to call numerous officers and some civilian witnesses in the trial that is slated to take two weeks.

The Crown also intends to present evidence from the two passengers in Grieves’ sedan; a woman and a man.

The man however cannot testify in person because he is currently in a federal prison for undisclosed convictions.