Det.-Sgt. Shane Donovan testified Tuesday it was “both me or him” when he fired not less than 10 pictures at his fellow Niagara Regional Police officer, Const. Nathan Parker, in November 2018.
Parker had attacked him with “haymaker” punches and pulled out his baton, then his firearm, Donovan instructed the courtroom, inflicting him to concern for his life and pull the set off till Parker went down.
“I knew if he received the firearm up on me, then he would kill me — and it was both me or him,” Donovan mentioned. “So I fired my gun till he dropped his gun.”
The sergeant’s testimony took up a lot of the first day of the judge-only trial on the Ontario Court docket of Justice in Hamilton.
However whereas Donovan is the particular person who fired the pictures, Parker is the one on trial.
The 55-year-old is charged with assault with intent to withstand arrest, assaulting a police officer and assault with a weapon, which courtroom heard covers a service-issue baton and sidearm.
Parker attended the courtroom in particular person Tuesday, sporting a blue go well with jacket and khaki pants, sitting together with his eyes closed throughout a lot of the testimony. The one time he addressed the courtroom was to plead not responsible to every cost.
The costs date again to an uncommon altercation on Nov. 29, 2018.
Donovan was accountable for the collision reconstruction unit and was a part of a group analyzing the positioning of the crash at the agricultural intersection of Roland Street and Effingham Avenue in Pelham, Ont., about 20 kilometres west of Niagara Falls,.
The sergeant instructed courtroom he had by no means met Parker earlier than that day, however had seen him in passing on the police station.
What introduced them collectively that day was a request from Donovan for uniformed law enforcement officials to assist barricade the winding street close to the crash scene, to maintain the investigators that have been analyzing it protected.
A miscommunication started between the 2 over who was masking the barricade. Donovan mentioned Parker left his submit whereas Donovan was away refuelling and choosing up meals. When Donovan returned round midday, he noticed a resident driving by way of on the street that was speculated to be closed.
Court docket heard recordings of calls between Donovan and police dispatch over Parker’s whereabouts, in addition to calls from Parker to dispatch, requesting somebody take his place.
Donovan testified that he had not communicated with Parker instantly.
Sergeant testifies Parker was ‘aggressive’
Parker arrived again at his submit round 12:13 p.m., based on Donovan; he mentioned he approached Parker’s automobile on the passenger facet and requested him to not go away the scene once more.
“In a really loud, aggressive voice, he instructed me that he needed to go for a piss,” Donovan instructed the courtroom. “I simply requested him politely if he might keep or let me know if he has to depart once more.”
The sergeant mentioned Parker responded by swearing and telling him that if he had turned on his radio, he would have recognized.
“I mentioned, ‘You do know you are chatting with a sergeant,'” mentioned Donovan, including he hoped to calm issues down.
Crown prosecutor Jeremy Tatum had earlier requested the sergeant about his measurement, with Donovan responding that he stands slightly below 5-7 and weighs roughly 188 kilos. Tatum then requested about Parker as compared.
“You possibly can see he is a really massive man, massive chest,” mentioned Donovan. “He is a lot greater than I’m.”
The sergeant instructed the courtroom that following their change, Parker received out of his cruiser and the 2 walked towards one another, assembly close to the entrance of the automotive. Donovan mentioned he anticipated he’d get yelled at.
As an alternative, he testified, Parker gave him a two-handed push to the chest.
“It was extraordinarily laborious to me; pushed me again fairly just a few steps — and I used to be shocked.”
Donovan mentioned he responded by telling Parker he was below arrest for assault.
“It simply got here out. It caught me off-guard; I did not count on it, particularly from one other police officer.”
The sergeant mentioned that Parker did not cease; as an alternative he got here towards him, throwing a “haymaker” punch.
Medical information element a number of bullet wounds
Donovan instructed the courtroom he backed away, put his fingers up and tried to stroll away to finish the confrontation, heading towards his personal cruiser. However as he reached for the door deal with, he mentioned he noticed Parker swinging once more.
Donovan mentioned he managed to partially block two punches and threw one in all his personal. Then, he testified, Parker pulled out his baton.
“My coaching kicked in,” mentioned Donovan.
The sergeant mentioned he believed he can be killed if the baton hit him within the head, so he pulled his gun.
“My perception was that my life was at risk. He is already attacked me, hit me three or 4 occasions.”
Donovan instructed the courtroom that after he pulled his gun, Parker mentioned, “Oh you need to do that” and went for his personal sidearm.
What adopted occurred in a matter of seconds, the sergeant mentioned. As soon as Parker cleared the holster, Donovan mentioned he began firing at Parker, who was standing about 10 ft away; he mentioned he was not prepared to attend till his fellow officer raised his firearm.
When Tatum requested what number of occasions Donovan believes he fired, Donovan responded he believed he hit Parker 9 occasions.
Medical information referenced within the agreed assertion of info say Parker had a gunshot wound by way of his cheek and nostril, his left shoulder and into his higher thigh; 4 gunshot wounds on his left calf; one on his left hip; a gunshot entry wound on his decrease stomach and one wound close to the again of his proper foot.
Ten shell casings have been discovered on the scene, all from Donovan’s firearm.
Donovan instructed the courtroom Tuesday that he had by no means used his firearm on a member of the general public or one other police officer earlier than that day.
Ontario’s Particular Investigations Unit initially laid assault-related costs in opposition to Donovan, together with tried homicide, however the Crown later dropped them.
Donovan’s testimony is scheduled to proceed Wednesday, with the defence anticipated to start cross-examination.