Assault trial of firefighter hears accused seemed `off'

Megan Hills described Eric Einagel as having a “red mist” about him right before he put his hands on Ash Weaver.

“It just didn't feel like it was him in that moment,” said Hills, an Ottawa Fire Services firefighter who was working on the same crew as Weaver, Einagel and co-accused Capt. Gregory Wright on Sept. 14, 2022.

She was the first witness called to testify on the first day of Einagel and Wright's trial, and fought back tears several times on the witness stand.

Einagel, 38, is accused of assault causing bodily harm in choking Weaver, a non-binary rookie firefighter, as well as harassment. The Crown alleges he threatened Weaver and caused them to fear for their safety. Einagel was eventually fired from his job as a firefighter.

Wright, meanwhile, is accused of failing to take reasonable steps to prevent bodily harm against

Weaver, as well as disciplining Weaver, or threatening to do so, and adversely affecting their employment, with the ultimate goal of stopping Weaver from going to police about the alleged assault.

Before the altercation that escalated into Einagel allegedly choking Weaver, the seven-person crew had enjoyed their dinner at Station 47 on Greenbank Road, Hills said. But earlier in the shift, Hills said Einagel seemed “off ” and stressed.

The judge-alone trial in front of Justice Mitchell Hoffman heard Einagel, Weaver and Hills were side-by-side in the station's kitchen when the assault allegedly occurred. Einagel had asked to do the dishes, which is typically the duty of the most junior member of the crew. In this case, that was Weaver, who was completing their one-year probation period.

Einagel asked to do the dishes more than once before he grabbed the counter and “hip-checked” Weaver from their spot at the sink, Hills testified.

Weaver responded in kind, the two exchanging two hip checks each, she recalled.

At first, “it seemed very mutual,” Hills said, with Weaver “giving it just as hard back to Eric.”

But then, Einagel pushed Weaver away from the sink with both hands, Hills said. Weaver returned the push. Like before, “He gave a good shove, but Ash gave it right back,” Hills said. On Einagel's second shove, though, he said, “Let me do the f------ dishes,” Hills said.

“That's when I noticed his face,” Hills said. She said she didn't know quite how to describe it, but her colleague “didn't seem like himself.”

Weaver was facing away from Einagel, about to run backwards into him, when he reached around and wrapped one hand around their neck, Hills said.

“I said `enough,'” she testified, “and he immediately let go.”

Weaver, Hills said, had a “panicked” expression when Einagel's hand was around their neck and throat.

Hills was a key witness in the trial as the alleged assault took place right in front of her. When asked why she was getting emotional on the witness stand, Hills said the situation escalated quickly.

“It just didn't seem like Eric,” she said. “I don't know why it had to get that far.”

Einagel briefly bowed his head while Hills testified, but otherwise did not react.

Hills said she and Einagel were among the more junior members of the crew, and had been hired at the same time and had completed “drill school” together.

She testified following the altercation between Einagel and Weaver, “it didn't seem like they were done,” so Hills told Weaver to head out to the truck bay. Weaver was “visibly upset and crying,” Hills said, but completed the remainder of their 24-hour shift.

Einagel, meanwhile, attempted to apologize to Weaver, but Hills said he should wait, as their colleague was still visibly upset.

Later in the evening, Hills said Einagel approached her to apologize, too.

“I said, `Do you even know what you're apologizing for?' and he said, `I know things got out of hand,' and I said, `Do you know you put a hand on ...' and I don't think I finished that sentence,” she said. “And he said, `No, I didn't.' ”

Hills again characterized Einagel as in a “red mist” moment of anger.

“People can do things when they're that mad and not even remember,” she said through tears. “So I wasn't sure if it was that kind of moment.”

Crown prosecutor Sonia Beauchamp showed the judge and a packed courtroom about a dozen photos taken by police investigators inside the fire station, and Hills offered a painstaking tour of the building, including the kitchen, lounge, truck bay, storage closet and more.

Hills said she checked Weaver's neck for injuries following the alleged assault and didn't see any redness, bruising, swelling or hand marks. In the middle of the night, Weaver woke up and took a painkiller, and was still visibly upset, Hills said, and was shaking their neck and swinging their head around.

In the days and weeks to come, Hills participated in the internal workplace investigation into the matter. She said everyone involved was told not to speak about it.

Einagel and Wright's trial was expected to continue Tuesday, with defence lawyers Dominic Lamb and Joshua Clarke cross-examining Hills.