Former Alta. politician found not guilty of uttering threats

Derek Fildebrandt is shown in Strathmore, Alta., Monday, Jan.26, 2015. THE CANADIAN PRESS/Bill Graveland

Derek Fildebrandt, a former Alberta politician, is not guilty of uttering threats against three youths he confronted outside his home earlier this year.

Fildebrandt was charged after police said he threatened a group of four youths loitering outside his property and then chased them with a vehicle on April 13.

On Nov. 22, the Alberta Court of Justice heard from three of the four youths involved in the incident, who were all between 13 and 14 years old.

In their testimonies, the youths, identified as JN, MC and DV, alleged that Fildebrandt confronted them outside his home while they were waiting for a friend to arrive.

"DV said that he understood how this may have looked suspicious as it was 'kind of late at night,'" the court said.

"DV testified that he noticed the lights in the accused's house turn on and he saw the accused looking out his window through blinds, which the accused would close when the boys looked back at him. He did this several times."

The court heard the youths had moved away from his home, but Fildebrandt approached them with something in his hand.

The witnesses all reported that Fildebrandt said he was armed, screaming at them and threatening to shoot them.

When the youths fled the area, the court heard Fildebrandt drove after them with his truck, but broke off pursuit when the youths ran off in separate directions.

Following the incident, when the boys were speaking to JN's mother about what had transpired, they all agreed they'd been threatened.

"DV further testified that the boys discussed what the accused said, and that they all said that the accused had yelled 'I will shoot you, don’t be scared, come here' and they all agreed that he said those exact words," the court said.

Fildebrandt's testimony

In his defence, Fildebrandt said he first noticed the group of youths outside his home acting "suspiciously," milling about behind a hedge.

He told the court he turned on his lights and stood in his front room to "make his presence known" but the youths did not leave.

Fildebrandt formed the belief the youths were taking something from his property, so went out to confront them.

"The accused exited his residence though the garage, holding and using a cane," the court document said. "The accused testified that at the time he was suffering from injuries arising from an accident which left him unable to walk more than two or three steps without a cane.

"As he waited for the garage door to rise, the accused heard the boys shuffling away while laughing and giggling. Once he exited the garage, he saw a group of teenagers running away from his house."

While pursuing the youths, Fildebrandt told the court he demanded they stop or he would call the police.

"He denied saying 'I'll shoot you if you come back here' or 'I'll shoot you, don't be scared, come here', and further denied saying anything about a gun or having a shotgun.

"He said no words were uttered about a gun of any kind."

Some of the testimony unreliable

In his reasons, Justice A.A. Fradsham said that all the witnesses who testified at trial were credible, but some of the statements they made were not.

"I find that the complainants' evidence as to the words spoken by the accused was unreliable," he said.

"I accept the evidence of MC that the complainants discussed the events prior to making their statements to the police. I find that they did so for the innocent purpose of trying to be complete, but it is clear that the result was that some parts of their respective testimonies were the product of consensus as opposed to actual memory."

Fradsham also found Fildebrandt's retelling of what was said was inaccurate.

"I do not accept his evidence as to the accuracy of what he said to the complainants. He candidly agreed that he was upset at the time. Indeed, he was upset enough that he chased the boys down the street in his truck and told the 911 operator that his home was being 'attacked' (which he admitted was an overstatement)."

The actual words mentioned by Fildebrandt that formed the basis of the Crown's allegations were "I protect my property and belongings with a gun," the court said.

However, Fradsham said the words did not constitute a threat to cause death or bodily harm to any of the four youths.

"The words 'I protect my property and my belongings with a gun' are, on their face, descriptive of a defensive, protective action embarked upon in response to a threat or attack," he wrote.

"Those words fall into the same category as the words on a sign posted on a property boundary which warns those who would trespass of the presence of a vicious guard dog on duty."