By Georgina Mitchell
A police officer has been convicted after he pointed a gun at a junior colleague and said “I’ll shoot you” to stop him divulging spoilers for the Tom Cruise film Top Gun: Maverick, which caused the victim to experience persistent nightmares of being shot dead.
Dominic Gaynor, 30, pleaded guilty last month to one count of carrying a firearm with disregard for the safety of another person over the incident at Day Street police station in Sydney’s CBD on May 29, 2022.
Constable Dominic Gaynor arrives at court on Thursday.Credit: Kate Geraghty
On Thursday, former probationary constable Morgan Royston told Downing Centre Local Court that he was aware of the “serious dangers” of being a police officer, but never thought he would face that danger from a colleague.
“I was standing in front of a loaded police pistol … seeing down the barrel,” an emotional Royston said, pausing to grab a tissue. “I’ll never forget the overwhelming shock and fear I felt.”
Gaynor, a constable, was at the front counter with other officers at about 8pm when they started to discuss the recently released movie. Royston, who had seen the film the previous night, said: “I’ll spoil it for you”.
According to agreed facts, Gaynor laughed and said, “Don’t spoil the movie, c---” while another officer walked out of the room saying “lalalala”. When a phone rang, one of the officers picked it up just as Gaynor said: “I’ll shoot you”.
She told him: “Gaynor, don’t say that, I am on the phone.”
Gaynor then took his police-issued Glock pistol out of its holster and held it out, pointing it at Royston and holding it for five seconds while laughing. His finger was not on the trigger.
Royston said he regularly had nightmares about the incident, which ended in him being “shot and killed every time”. He said it was extremely difficult to see Gaynor at the police station afterwards and he eventually quit the police to sell cars.
“I always thought I would be safe around my trained colleagues,” Royston said. “When I see a police officer now, I feel compelled to watch them and make sure their hand is not on their firearm.”
Royston said he had never received an apology and it “frustrates, saddens and angers me” that he has no idea why Gaynor behaved the way he did.
“It has put a permanent fear of harm into my mind, from which I find it difficult to escape,” Royston said.
Gaynor’s barrister Chris Micali told the court his client was a well-regarded member of the police force and never intended to harm or intimidate anyone.
“This is a case where skylarking and tomfoolery in an employment context has gone awry,” Micali said. “This is a remorseful man who’s made a grievous error that’s going to cost him dearly.”
Magistrate Michael Maher said those who are permitted to carry guns have an “unrelenting degree of responsibility”, and Gaynor breached this duty when he showed “utter disregard” for safety.
Maher said he does not accept that pointing a loaded and quick-fire gun at a junior officer was “a joke, it was funny, or it was tomfoolery”.
“On any stretch of imagination, this conduct was poor and, at the very least, demonstrated reckless judgment,” he said. “The offender must be punished.”
The magistrate convicted Gaynor and gave him a two-year community correction order, which requires him to perform 100 hours of community service. Gaynor did not speak when he left court with his barrister.
The court heard Gaynor was placed on restricted duties and assisted with a domestic violence unit after he was charged, and was suspended without pay after pleading guilty. Micali said a conviction would likely see his client removed from the police force.
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