A police officer has told a court he is ‘truly mortified’ that he ruined his dream career by pointing his gun at his colleague and threatening to shoot him if he revealed the ending to Top Gun 2: Maverick.
Officer Dominic Gaynor, 31, was working at Sydney’s Day Street police station on the evening of May 29, 2022, when a conversation started about the blockbuster starring Tom Cruise.
Probation officer Morgan Royston, who had seen the film the night before, announced that he would ruin the ending for Gaynor.
“Don’t ruin the movie, you son of a bitch,” Gaynor replied, laughing.
“I’ll shoot you.”
Officer Dominic Gaynor was convicted for pointing a gun at his colleague and threatening to shoot him.
A third officer heard the threat and chastised him: “Gaynor, don’t say that, I’m on the phone.”
Gaynor removed his police-issue Glock firearm from the holster on his left leg and pointed it at Mr. Royston, holding it still for five seconds so the younger officer could see the sights. His finger wasn’t on the trigger.
Mr Royston broke down in tears during Gaynor’s sentencing in November last year as he described the “overwhelming shock and fear” he felt as he stared “down the barrel” of a loaded gun.
Gaynor was convicted of carrying a firearm in a manner likely to endanger the safety of another person and sentenced to two years’ community service and 100 hours of community service.
On Monday, the 31-year-old faced the NSW District Court asking for his conviction to be quashed so he could continue working for the NSW Police Force.
He told the court he wanted to be a police officer ever since he could remember and that he planned to become a detective before he was suspended for pointing his gun at his colleague.
Before the incident, Gaynor explained that he had never had a complaint or any misconduct to his name.
“I’m really mortified that I caused (Royston) any fear,” he told the court.
‘I’m really shocked that I did something so horrible to someone. I have no words to describe how sorry I am that this happened.”
The officer described pointing his police-issued weapon at his younger colleague as “the stupidest thing I’ve ever done” and said he was ashamed that he had done something “so stupid.”
He has been suspended without pay since last year and the court heard he has been working part-time as a traffic warden while awaiting the appeal against his conviction.
Gaynor’s ability to find work has been affected by international media coverage of his crime, he told the court.
“I’m afraid to put my name out there … so that someone would judge me based on what they read out there,” he said.
His lawyer argued that Gaynor was a “young man with a relatively promising career” who had succumbed to a “moment of madness.”
“This is real behavior that is in every way beyond the nature of human beings,” he said.
“Everyone he has come into contact with has a very high opinion of him as a decent young man,” acting judge Paul Conlon agreed.
Although the officer was “old enough to know better,” his attorney said Gaynor’s laughter while holding the gun showed the offense was not sinister, but rather “stupid and out of touch.”
He asked the court to overturn the officer’s conviction for this “incredibly stupid decision.”
Officer Dominic Gaynor’s appeal against his conviction was rejected
However, the Crown prosecutor argued that upholding the conviction would send a strong message to other police officers in the community.
“The characterization of this as some kind of horseplay undermines the seriousness of his actions that evening,” she said.
Although Gaynor’s finger was not on the trigger, the prosecutor emphasized that the gun was loaded and that an accident could have had “serious consequences” for Mr Royston.
She told the court the incident was ‘an example of serious workplace bullying’ in a situation where Gaynor had seniority and influence over the probation officer.
The court heard Mr Royston has since been dismissed by the NSW Police for unrelated reasons.
Judge Conlon acknowledged there was “misplaced humour” in Gaynor’s mind when he drew his gun, but said his laughter highlighted “the despicable stupidity of what he did”.
“(This is) extremely serious behavior coming from a police officer,” he said.
“I cannot conclude that this case can be resolved by not recording a conviction.”
Judge Conlon acknowledged that his decision to dismiss the appeal was likely to lead to the ‘most unfortunate’ consequence of Gaynor’s dismissal from the police force.