Witness at criminal trial testifies firefighters' shoving match 'escalated so fast'

The first witness in the criminal trial of a former Ottawa firefighter accused of choking a rookie colleague over a dishwashing dispute said the physical altercation initially appeared "mutual," and said the accused later claimed he didn't know his hand was briefly on his crewmate's throat.

Eric Einagel is charged with choking, assault causing bodily harm and harassment by threatening conduct to another person in relation to the incident at Fire Station 47 on Greenbank Road in Barrhaven. 

Greg Wright, a captain at the same station, is charged with criminal negligence causing bodily harm and threatening to discipline the complainant, openly non-binary firefighter Ash Weaver, to prevent them from reporting the incident.

On Monday at the Ottawa courthouse, the Crown called firefighter Megan Hills to testify.

Hills was the only female firefighter on the platoon at Station 47 where she was assigned in late 2020 or early 2021. Einagel joined the platoon in August 2022, and Weaver, who was still on probation, arrived around the same time.

• Trial begins today for alleged assault of non-binary firefighter, attempt to silence them
• Firefighter choked by colleague, discouraged from reporting it by supervisor: internal reports

About halfway through a 24-hour shift on Sept. 14, 2022, the seven-member platoon sat down for dinner at the station's dining table.

Hills, who had gone through drill school with Einagel, testified he "kind of looked off ... as in stressed" before dinner, and told her at the table he'd been feeling unwell since returning from a recent firefighting competition.

'It escalated so fast'

After dinner, Hills said she and Weaver were at the nearby kitchen sink where Weaver was preparing to wash the dishes when Einagel approached and asked if he could perform the chore instead.

According to an internal Ottawa Fire Services report into the incident, junior firefighters jostling for the right to wash dishes is a "frequently" observed rite whereby they demonstrate their "eagerness to perform" to senior staff.

Hills said after asking the second time, Einagel grabbed the counter in front of Weaver and gave them a "hip-check." Weaver pushed back and the two engaged in "a bit of a pushing match," Hills said.

"It seemed very mutual. They were giving it back just as hard to Eric," Hills testified. "It was equal."

Hills testified Einagel then told Weaver a third time, "Let me f--cking do the dishes," and shoved them with both hands. Again, Weaver shoved back.

That's when the tone of the scuffle appeared to shift, Hills said, referring twice to the apparent change in Einagel's demeanour as a "red mist moment."

"It escalated so fast, and it just didn't seem like Eric at all," she testified. "I don't know why it had to get that far."

Einagel tried to apologize

Hills told the court Einagel's hand was on Weaver's neck for no more than a second, during which Weaver had a "wide-eyed, panicked look" on their face. Hills said she feared Weaver might still retaliate after Einagel let go.

"They just stood there glaring at Eric," Hills said. "It didn't seem like they were done."

To help de-escalate the situation, Hills told Weaver to go to the nearby truck bay. When Hills came to check on them, Weaver was crying. 

"They were visibly upset," Hills said, adding Weaver told her: "I don't even know what the f--k just happened."

Hills said Einagel twice came to apologize, but she told him Weaver needed more time.

"I know things got out of hand," Hills said Einagel told her. She then asked him if he knew he'd had his hand on Weaver's neck.

"He said, 'No, I didn't,'" Hills testified. "I was really just wondering if he was all there." 

No visible injuries

Shortly after the incident, Hills said Weaver wore dark glasses when the crew headed out to knock on doors as part of the fire department's public safety campaign called 'Wake Up!'

In the bathroom of the station's female dorm later that night, Hills checked Weaver for any sign of physical injury.

"I didn't see any redness, no hand marks, no bruising, no swelling," Hills testified.

Later that night Weaver complained that they were in some pain and asked Hills to get them an Advil, but Hills testified Weaver was not experiencing any trouble breathing or swallowing, though they coughed through the night.

Hills, who several times fought back tears during her testimony, later provided accounts of the incident for two internal investigations and the criminal investigation by Ottawa police. She said she and others who were interviewed were told not to discuss the matter with anyone else.

Einagel was eventually fired. Wright was suspended without pay for three days following the incident, but remains with Ottawa Fire Services.

The first order of business for Justice Mitchell Hoffman on Monday was to find a larger courtroom because so many friends, relatives and other supporters of the accused turned up that barely half could squeeze into the smaller room reserved for the trial.

The judge-alone trial in the Ontario Court of Justice resumes Tuesday when Einagel's lawyers will cross-examine Hills.