‘The wrong man — the victim — is going to trial’
Lawyer for Nathan Parker says no legal recourse for shot cop
Nathan Parker wasn’t happy when charges were dropped against the fellow Niagara Regional Police officer accused of shooting him multiple times.
But there’s nothing he can do about it, it seems.
The Crown attorney’s decision last Friday to drop charges against Sgt. Shane Donovan was another twist in a court case that’s controversial and unusual.
Parker and Donovan, are both veteran officers.
Donovan is alleged to have shot Const. Parker during an altercation Nov. 29, 2018, while they were with about a dozen other officers on Effingham Street in Pelham. They were investigating a crash that had happened 17 days earlier.
Both faced criminal charges after the incident, and both were suspended with pay by the NRP.
But in court Friday, Crown attorney Ian Bulmer dropped attempted murder, aggravated assault and assault with a weapon charges against Donovan, saying he saw no reasonable chance of conviction.
With the criminal charges against Parker still before the courts — and Donovan possibly a witness — Bulmer offered no further explanation.
Afterward, Parker’s lawyer Joseph Markson said his client had suffered “nine bullet wounds” and was “shocked and shaken” by Bulmer’s decision.
But it appears Parker will just have to live with it.
“Every Crown attorney in Ontario is under a Crown manual that says you shouldn’t proceed with a charge when there is no reasonable prospect of conviction, or it’s not in the public interest,” said Queen’s University law professor Don Stuart, in an interview Tuesday.
“In far less high-profile cases than this, it happens all the time.”
Stuart wasn’t aware of the specifics of the Parker case and only spoke generally of the legal process.
He said it’s likely Bulmer consulted other Crown attorneys before choosing to drop the charges against Donovan.
Crown attorneys hold a lot of power, he said, and “there’s no
formal ability to appeal that (decision), I don’t think. No.”
Stuart said: “Victims’ rights are important, but the Crown attorneys’ duties are to make sure we don’t go down a path that’s not a proper use of court time.
“If you had a law that said the Crown is just a mouthpiece of the victim, that would be different. But we don’t have that.”
In an interview Tuesday, Parker’s lawyer Markson would only say “from the defence perspective, the wrong man — the victim — is going to trial.”
In court Friday, Donovan’s lawyer Joanne Mulcahy said Donovan “believed his actions were fully necessary, fully justified in defence of his life.”
After the altercation with Donovan, news reports noted Parker had been the subject of several police disciplinary hearings where he admitted or was found guilty of using aggressive behaviour or unnecessary force.
His estranged brother told the Toronto Star Parker was “a frightening person” with a quick temper.
In connection with the 2018 incident Parker still faces charges of assaulting a police officer, assault with intent to resist arrest and assault with a weapon.
Another court date for Parker was scheduled for today in St. Catharines. No trial date has been set.
Both Parker and Donovan remain suspended with pay. With Donovan’s charges dropped, on Monday Insp. Mike Woods of the NRP professional standards unit said Chief
Bryan MacCulloch will decide when Donovan can return to duty.
“The chief is reviewing that matter. That’s where it is right now,” said Woods, adding there are no outstanding Police Services Act charges against Donovan.
“I can’t really say any more other than the chief is reviewing the entirety of the matter and he’ll make a decision on that.”