Man accused of assaulting non-binary firefighter says he is ally

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The man accused of assaulting his non-binary colleague at a Barrhaven fire hall says he is an ally to the LGBTQ+ community, and denied choking his colleague or making derogatory comments about them.

In the midst of a judge-alone trial before Justice Mitchell Hoffman, Eric Einagel took the stand, saying his sister is gay and that he proudly displays a “gay pride” sticker on his Volkswagen.

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As for having a non-binary colleague in the fire hall, “It’s a non-issue for me,” he said. “I’ve always been an ally.”

Einagel is accused of assault causing bodily harm and choking against Ash Weaver, a non-binary firefighter and a rookie at the time of the Sept. 14, 2022 altercation. The Crown intends to prove the assault was hate-motivated.

Einagel, 39, was previously facing a charge of criminal harassment against Weaver, but the Crown withdrew the charge earlier in the trial. Capt. Gregory Wright, meanwhile, is on trial for threatening to discipline Weaver if they reported the incident to police, though the Crown withdrew a charge of negligence causing bodily harm.

Einagel testified he first met Weaver on Aug. 1 at Station 47 in Barrhaven when he joined the crew. Weaver was in their first year as a probationary firefighter, and was rotating around different fire stations throughout the city. The first day they met, the two fought over who would do the dishes after dinner, typically a duty left to the most junior member of the crew.

Weaver, Einagel said, “soaked me” with dirty dish water in an attempt to get him to move away from the sink.

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“So I said, ‘OK, I’m wet, game on,’ ” Einagel said. The two then pushed and shoved each other, but Einagel said he held his ground at the sink until Weaver “speared me” with a football-style tackle, knocking him back.

“I thought it was nice, it’s all good fun,” he said. “I wasn’t expecting that much enthusiasm, that much oomph. And I was like, ‘The dishes are yours.’ ”

Weaver, during their time on the witness stand, said they didn’t recall ever tackling Einagel.

Testifying about the alleged assault on Sept. 14, Einagel said he had previously offered to do the dishes, but Weaver began to do them once dinner wrapped up. The two began pushing and shoving each other, exchanging hip checks.

Like on Aug. 1, Weaver “dropped a shoulder” and attempted another football-style tackle, Einagel said. It was then that Einagel put his right hand, open-palm, on the back of Weaver’s shoulder and shoved them away, he said. Einagel characterized the exchange as “fooling around.”

“What was your intent in that moment?” Einagel’s lawyer, Dominic Lamb, asked.

“To continue the pushing and shoving, and one of us would say, ‘Cool, you’ve got the dishes.’ My intent was like Aug. 1,” Einagel answered.

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Witness testimony from fellow firefighter Megan Hills said Einagel’s hand reached for Weaver’s neck only for a brief moment before he released them, and the altercation lasted for only a moment.

When Weaver previously took the stand, though, they testified Einagel grabbed their wrists and “slammed” them into a kitchen counter before his hands went for their neck, picking up and shaking Weaver as he choked them. Weaver testified Einagel said they “wouldn’t last” around the fire station, that they “wouldn’t fly” at other stations and “had to change” who they were.

READ MORE: Non-binary Ottawa firefighter testifies of fearing for life during alleged assault

Einagel disputed Weaver’s testimony, instead saying his comment referred to Weaver’s competitive nature, which wouldn’t fly at other, busier fire stations, where teamwork and co-operation are key.

“So when I say, ‘You can’t do this at Station 13,’ it’s not a mean comment,” he said. “It just means you have to be part of the team, it’s teamwork.”

Einagel denied ever grabbing Weaver’s neck or wrists, or choking them, shaking them, lifting them off the ground or slamming them into the kitchen counter.

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“Did you ever say words like, ‘I’m sick of you?’ or, ‘I hate you?’ ” his lawyer asked.

“No,” he replied. “I wouldn’t say those things.”

“Did you say anything about their sexual orientation or gender identity?” Lamb asked.

“Absolutely not,” Einagel responded.

In fact, Einagel said, he and Weaver had previously had a deep conversation with other members of the crew about gender identity and sexuality, with Einagel sharing stories of his sister, her wife and their family.

“At no point in this conversation was it derogatory or negative,” Einagel said. “It was really good, open. To this day, it’s one of the best conversations I’ve ever had. I’ve always been an ally to the community, and I’m trying to be a better ally.”

Weaver said Einagel had brought up their non-binary identity multiple times during their shifts together, and had made derogatory comments, which Einagel resoundingly denied. Einagel testified he and Weaver were good-natured to each other, and were starting to build a good working relationship, even plotting to pull a good-natured prank on another fire station.

The trial is expected to continue this week.

READ MORE: Defence argues non-binary Ottawa firefighter misrepresented accused’s actions

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