Niagara cop files $2M suit against force, officer he shot
Police should have known victim was on steroids, shooter says
Niagara Regional Police Det. Sgt. Shane Donovan, who was involved in a 2018 cop-on-cop shooting, has filed a $2-million lawsuit against the NRP, the police services board, and the officer he shot, Const. Nathan Parker.
The lawsuit, filed Monday in Superior Court in St. Catharines, contains a detailed account of the shooting and said Donovan has post-traumatic stress disorder as a result.
The suit seeks $500,000 in general damages, $500,000 in special damages, and $1 million in punitive damages.
The claim also alleges the NRP knew, or ought to have known, that Parker was taking illegal steroids and failed in its duty to protect Donovan, his fellow officers and the public.
None of the allegations have been proven in court. Neither the service, nor Parker, has filed a statement of defence.
Stephanie Sabourin, the NRP’s corporate communications manager, said, “As this is a matter before the courts, it would be inappropriate to comment at this time.”
The lawsuit alleges the NRP “failed to properly discipline” Parker on previous occasions and knew he was “dangerous and violent.” It also cites the service for failing to conduct drug testing on Parker, who was taking illegal steroids that could “affect his mood and temperament.”
Both officers faced criminal charges after the incident, and both were suspended with pay by the police service. In November 2019, the Crown’s office dropped attempted murder, aggravated assault and assault with weapon charges against Donovan, saying there was no reasonable chance of conviction. The charges against Parker are still pending.
Parker’s fiancée, Dana Audet, said in February that Donovan emptied his clip, which has 15 bullets. She said Parker sustained 11 wounds in all. He was rushed by air ambulance to a Hamilton hospital in critical condition and is still recovering.
Parker, 53, has been the subject of several police disciplinary hearings at which he admitted or was found guilty of using aggressive behaviour or unnecessary force.
Donovan, a 57-year-old detective with the NRP’s collision reconstruction unit, was the officer in charge when the unit was sent on Nov. 29, 2018, to collect data and photos from the scene of a crash in Pelham, 12 kilometres from St. Catharines.
Donovan asked the acting staff sergeant for some officers to block the road for four to five hours “to ensure the safety of his fellow officers while the reconstruction was underway.” The staff sergeant sent Parker.
The lawsuit alleges Donovan had to tell Parker three separate times where his vehicle needed to be parked before Parker complied with the order. Then, despite his instructions, Parker left without advising Donovan or anyone in the reconstruction unit where he was going. At that point, traffic was driving through the crash scene endangering the other officers.
The lawsuit said Donovan went to find out why and discovered the Parker was gone. Donovan sat in his cruiser, awaiting Parker’s return and “contemplating charges against him for abandoning his post.”
When Parker returned, Donovan told him to let him know “if he had to go again.”
Parker responded aggressively, cursing at Donovan before Donovan reminded him he was speaking to a sergeant.
“At this point, Parker walked to the front of the cruiser where
Donovan was standing and assaulted Donovan by raising both hands and pushing Donovan,” the lawsuit said.
The push had enough force to cause Donovan to take a few steps back. Donovan informed Parker he was under arrest for assault. Parker responded by punching Donovan. Donovan retreated, put his hands up, and said, “OK.”
Donovan then started to walk back to his police vehicle.
Parker punched Donovan again as Donovan reached for his car door, the lawsuit said. Parker opened his retractable baton and advanced on Donovan “to attack him with it.”
As a detective, Donovan isn’t required to wear a protective vest or carry a baton, pepper spray or Taser, and, at that point, he considered himself under “deadly assault.” He drew his service revolver.
Parker responded, “Oh, you want to do this,” the claim says, after which Donovan sensed a lethal threat and fired his weapon “to stop” Parker.