A police officer has told a court he is “really mortified” to have ruined his dream career by pointing his gun at his colleague and threatening to shoot him if he revealed the ending of Top Gun 2: Maverick.
Officer Dominic Gaynor, 31, was working at the Day Street police station in Sydney on the night of May 29, 2022, when he began a conversation about the blockbuster starring Tom Cruise.
Probationary police officer Morgan Royston, who had seen the film the night before, announced that he would spoil Gaynor’s ending.
‘Don’t fucking ruin the movie,’ Gaynor responded while laughing.
‘I’ll shoot you.’
Officer Dominic Gaynor was convicted of pointing a gun at his colleague and threatening to shoot him.
A third officer heard the threat and reprimanded him: “Gaynor, don’t say that, I’m on the phone.”
Gaynor pulled his police-issued Glock firearm from the holster on his left leg and aimed it at Mr. Royston, holding it stationary for five seconds so the younger officer could see the crosshairs. His finger wasn’t on the trigger.
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 looked “down the barrel” of a loaded gun.
Gaynor was found guilty of carrying a firearm in a manner likely to endanger the safety of another person and sentenced to a two-year community corrections order and 100 hours of community service.
On Monday, the 31-year-old appeared in the New South Wales District Court to ask for his conviction to be quashed so he could continue working for the New South Wales Police.
He told the court he had wanted to be a police officer for as long as he could remember and planned to be a detective before he was suspended for pointing his gun at his colleague.
Before the incident, Gaynor explained that he had never had any complaints or misconduct in his history.
“I’m really mortified that I caused (Royston) fear,” he told the court.
‘I am truly horrified that I did something so horrible to someone. I have no words to describe how sorry I am for what happened.’
The officer described pointing his police-issued gun at his younger colleague as “the dumbest thing I’ve ever done in my life” and said he was ashamed to have done something “so stupid.”
He has been suspended without pay since last year and the court heard he worked part-time as a traffic controller while waiting to appeal his conviction.
Gaynor’s ability to obtain employment has been affected by international media coverage of his crime, he told the court.
“I’m afraid to give my name… so that someone will judge me by what they read 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 really behavior that is out of character in every way,” he said.
“Everyone he has had contact with had a very high opinion of him as a decent young man,” acting Judge Paul Conlon agreed.
While the officer was “old enough to know better,” his attorney said Gaynor’s laughter while holding the gun showed the crime was not sinister but rather “stupid and out of touch.”
He asked the court to overturn the officer’s conviction for the “incredibly stupid decision.”
Constable Dominic Gaynor’s appeal against his conviction was dismissed
However, the Crown prosecutor argued that upholding the conviction would send a strong message to other police officers in the community.
“Characterizing this as some kind of slapstick undermines the seriousness of his actions that night,” he said.
While 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 Royston.
She told the court the incident was “an example of serious workplace harassment” in a situation where Gaynor had seniority and influence over the probationer.
The court heard Mr Royston has since been dismissed by NSW Police for unrelated reasons.
Judge Conlon accepted there was “misplaced humour” in Gaynor’s mind when he drew his gun, but said his laughter highlighted “the abject stupidity of what he did”.
“(This is) extremely serious conduct, coming from a police officer,” he said.
“I cannot come to the conclusion that this matter can be resolved without a conviction being recorded.”
Judge Conlon acknowledged that his decision to dismiss the appeal would likely lead to the “most unfortunate” consequence of Gaynor being dismissed from the police.
