Former firefighter accused of choking non-binary rookie takes the stand

The former Ottawa firefighter accused of choking a non-binary colleague at a Barrhaven fire station in 2022 told an Ottawa court he's a longtime ally of the LGBTQ community, and said he thought the two were just "playing around" when the alleged assault occurred.

Eric Einagel, 39, was the defence's first witness to testify at the judge-alone trial. He's charged with choking and assault causing bodily harm. The Crown dropped a third charge of harassment by threatening conduct earlier in the trial which began on May 6.

Einagel was fired from Ottawa Fire Services (OFS) after the alleged assault on rookie firefighter Ash Weaver at Station 47 on Greenbank Road on Sept. 14, 2022.

• 2 charges dropped in firefighter assault trial
• Differing accounts of alleged fire station assault emerge in court

Greg Wright, a captain at the same station, is charged with threatening to discipline the complainant to prevent them from reporting the incident. A charge of criminal negligence causing bodily harm against Wright was also withdrawn. He remains with OFS.

The case revolves around a post-dinner scuffle between Einagel and Weaver in the station's kitchen area. According to earlier testimony, it was common for junior firefighters to "compete" against one another for the right to perform menial chores including washing dishes.

'We were playing around'

Weaver was a rookie firefighter on a standard one-year probation and had arrived at Station 47 that July. Einagel had finished his probationary period and arrived at Station 47 that Aug. 1.

Einagel testified that earlier that day, Weaver had cleaned up after lunch and Einagel told them he would get the dinner dishes.

When the seven-member crew rose from the table that evening, however, Weaver went to the sink to start washing up.

Einagel said he approached them and asked to do the dishes instead, but Weaver refused. Einagel testified he said "game on," and the contest quickly turned physical.

Einagel said he gripped the dividers between the three kitchen sinks to brace himself and tried to hip-check Weaver out of the way.

"A very quick back and forth" ensued, Einagel testified, with Weaver body-checking him back in an attempt to regain ground.

Einagel testified that as Weaver began backing into him, he tried to push them away with his hands. At one point, he said, his right hand touched Weaver's shoulder and clavicle.

"Do you remember hitting Ash Weaver's neck in that moment, sir?" asked Einagel's lawyer Dominic Lamb.

"No, I don't," Einagel replied, explaining that he merely pushed back at Weaver with an open hand.

"We were having fun," he said.

On the trial's opening day, firefighter Megan Hills, who was standing beside Weaver during the confrontation, testified she did see Einagel's hand on Weaver's throat, but only for a second. 

Asked whether he choked Weaver, lifted them off the ground, smashed their head into the counter, grabbed their wrists or threw dishes into their hands, Einagel denied it all.

"We were playing around," he insisted.

Similar incident, different ending

The entire scuffle lasted no more than five to seven seconds, Einagel testified. It was only after Hills told them to stop and he saw the angry expression on Weaver's face that he realized something was wrong.

"I went into this interaction to have fun. The last thing I saw in their face was they're angry. I genuinely don't know," he testified.

Earlier, Einagel described a similar incident during his first shift at Station 47 on Aug.1, 2022, when he was at the sink and Weaver splashed him with dirty dishwater. They pushed and shoved until Weaver drove the much bigger and taller Einagel from the sink with what he described as a "football tackle."

He relented and Weaver washed the dishes with a "big grin," Einagel testified.

"So they won that challenge and I was right beside them. They washed, I dried," he said.

"I thought [Sept. 14] was the exact same thing as Aug.1," he said. "The only difference being Aug. 1, they initiated and pushed me out of the way, and this time it was the opposite."

Gender identity 'a non-issue'

Throughout his testimony, Einagel portrayed himself as a staunch ally of the LGBTQ community.

Photos showing a Pride sticker on the rear windshield of Einagel's white Volkswagen were entered into evidence, and the only time he became emotional during his testimony was when he described his love for his sister, her wife and their daughters.

He called Weaver's gender identity "a non-issue" for him, and flatly denied making hateful or derogatory remarks toward them despite Weaver's claim that this occurred as often as 10 times per shift, including during the alleged assault.

"Never, not on that day or any other day. Absolutely not," Einagel testified.

He said the subject arose just once, when he joined a conversation in progress between Weaver and Hills and they discussed the term "queer" and its proper use.

"It was a great, interactive conversation, everyone at the table was in on it," he said. "No one was uncomfortable."

The subject never came up again during the eight shifts he and Weaver worked together, Einagel testified.

"I've never had an issue with Ash Weaver, other than why I'm here," he said.

Einagel's examination by Wright's lawyer Joshua Clarke is expected to start Tuesday morning, followed by cross-examination by the Crown.

Einagel's defence team could have three more witnesses to call, and Clarke is expected to call two: a platoon chief who first heard Weaver's complaint, and a deputy chief who conducted the OFS investigation into the incident.

The trial was initially scheduled to finish Thursday but could now end Friday.