Ontario police officer shot colleague 10 times in violent dispute in 2018. Both walk away conviction free
CBC
Years after two Ontario police officers got into a violent altercation in broad daylight that ended in one shooting the other 10 times, both have walked away with no convictions.
Det.-Sgt. Shane Donovan, who was with the Niagara Regional Police Service (NRPS), was acquitted this spring of perjury — the last charge linked to the six-year saga with Const. Nathan Parker that involved multiple police agencies, investigations and trials.
"The law is quite clear," Justice Joseph Nadel told a Hamilton courtroom in May.
"If I believe Sgt. Donovan, I have to acquit him."
On Nov. 29, 2018, Donovan and Parker were investigating a car crash at a rural intersection near Niagara Falls, Ont.
Parker was directing traffic, but left to use the bathroom. When he returned to his post, Donovan confronted him and a fight ensued.
Donovan later testified that Parker pushed and hit him and pulled his baton. When Parker reached for his gun, Donovan drew his own and began firing in self-defence.
Parker was shot in the cheek, nose, shoulder, thigh, calf, hip, abdomen and foot but survived.
"This incident was a dog's breakfast for the police service," Nadel said. "You've got two officers fighting each other. One gets shot. This was a horrific incident."
Donovan was initially charged with attempted murder and assault, as recommended by the Special Investigations Unit (SIU), the police watchdog that investigated the incident.
But as evidence mounted that Donovan was acting in self-defence and there wasn't a reasonable prospect of conviction, the Crown decided to withdraw the charges.
Parker was then charged for assaulting Donovan with a weapon.
Parker's trial, held over several days in 2021, centred on Donovan testifying about the fight.
But the trial stalled when it came to light that Donovan was in possession of a USB stick containing evidence from the SIU's initial investigation, although he denied reviewing many of the documents.