Non-binary firefighter's account of alleged assault 'fantastical,' lawyer says

The lawyer for a former Ottawa firefighter accused of assaulting and choking a non-binary colleague at a Barrhaven fire station nearly two years ago continued picking away at the complainant's version of events Monday, calling their account of what happened before, during and after the incident "fantastical."

Dominic Lamb, co-counsel for former firefighter Eric Einagel, continued his cross-examination of Ash Weaver by pointing to numerous inconsistencies between Weaver's testimony and statements to investigators, and the testimony and statements given by others including eyewitnesses.

Einagel is charged with choking, assault causing bodily harm and harassment by threatening conduct in relation to the incident at Fire Station 47 on Greenbank Road on Sept. 14, 2022.

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

The alleged violence happened Sept. 14, 2022, at Station 47 on Greenbank Road in Barrhaven. (Michel Aspirot/CBC)

Conflicting accounts

In earlier testimony, as well as in statements to both police investigators and a deputy fire chief, Weaver claimed Einagel threw dishes into Weaver's hands, slammed their body into the kitchen counter with his body, and wrapped both of his hands around their neck and squeezed, lifting them off the floor.

Weaver also said Einagel made insulting comments about their gender identity during the incident.

But in earlier testimony, firefighter Megan Hills, who said she was standing beside Weaver when the alleged assault occurred, depicted the altercation as more or less "mutual" until the moment when Einagel briefly placed one hand on Weaver's neck. Hills also testified she heard Einagel ask three times to do the dishes himself, but said she didn't hear him say anything else to Weaver.

Weaver testified that Hills told them to "run and hide" from Einagel, but Hills testified she did not.

"My suggestion to you, Ash Weaver, is that over time from Sept. 14 you continued to change and embellish this detail, and you're making this incident something that it never was," Lamb said.

Lamb made the same suggestion about Weaver's claim that their head had been slammed into the counter during the altercation, and their claim that they'd later sought protection from other crewmates because they feared Einagel was going to kill them "at any moment."

"I thought I was going to die and I thought Eric was going to kill me," Weaver replied, an assertion they've repeated throughout their testimony.

Ottawa firefighter Ash Weaver, right, walks with Sgt. Ali Toghrol of the Ottawa Police Service's hate and bias crime unit near the Ottawa Courthouse on May 8, 2024. (Patrick Louiseize/CBC)

'Mischaracterizing' conversations

Lamb accused Weaver of "mischaracterizing" earlier conversations with Einagel, which Hills had described as Einagel's honest attempts to gain a better understanding of his new colleague's gender identity. Those discussions happened on only a few occasions, Lamb insisted, not several times per shift as Weaver had stated.

"I don't agree with that," replied Weaver, who often spoke haltingly and sometimes took long pauses before answering Lamb.

Lamb also questioned details of the physical injuries Weaver claimed they suffered.

On the evening of Sept. 15, 2022, some 30 hours after the incident at Station 47, Weaver was examined by an ER doctor at the Montfort Hospital who noted they'd been grabbed by the neck and "tossed around like a rag doll" in an assault that lasted "several minutes," Lamb told the court.

X-rays revealed no fractures, and a physical exam ruled out other acute injuries including a concussion or hearing damage. Early the next morning, Weaver was sent home with some Advil and a note to take five days off work.

Nevertheless, Lamb said, Weaver texted three unnamed coworkers from the Montfort about having suffered soft tissue damage, bruising on their neck and a concussion.

Weaver's Workplace Safety and Insurance Board (WSIB) application, filled out on Nov. 7, 2022, noted injuries to their head, face, ears, neck, upper body, shoulders, hands and feet, as well as "acute PTSD," Lamb told the court. (Weaver remains on WSIB and has not returned to work as a firefighter.)

Firefighter Megan Hills drew this diagram showing her recollection of the position of Einagel's hand on Weaver's neck. The drawing was entered as an exhibit in court last week. (Megan Hills)

Lawyer questions extent of injuries

Lamb said despite these injuries, Weaver was able to run a 30-kilometre race in Hamilton the following March, and a 50-kilometre ultra trail run that May.

Weaver has filed a human rights complaint against the City of Ottawa seeking $80,000 in compensation, but in court on Monday claimed not to be aware of the amount being sought. Weaver also denied awareness of any pending civil suit, even though Lamb said they'd formally notified the Crown of their intention to do so during a conference in February.

"You know that's true, Ash Weaver. You know it's true that you're planning to file a lawsuit," Lamb pressed.

"I don't know," Weaver replied.

"What you told us in this court under oath was fantastical. It's not what happened," Lamb said.

Lamb is expected to finish his cross-examination Tuesday. The next witness is expected to be Ottawa Fire Services Deputy Chief David Matschke, who conducted the internal investigation that concluded Einagel had committed an act of workplace violence.

On Monday, the Crown informed the court they're dropping firefighter Adam Martin from the witness list. Martin, who also gave statements to investigators, was another eyewitness to the alleged assault.