A Calgary judge on Friday ruled Western Standard publisher Derek Fildebrandt innocent of charges of uttering threats to four teenage boys last spring. Fildebrandt, who pleaded not guilty on all four counts, underwent a two-day trial with seven witnesses in September, where he testified in his own defence. Court of King’s Bench Justice Allan Fradsham ruled not guilty on the charges from the April 13 incident. Some of the complainants' testimony was ruled unreliable by the judge because the boys discussed what they would say beforehand, leading the Fradsham to observe they relied more on "consensus" than "memory."However, the phrase witnesses universally agreed Fildebrandt uttered was: "I protect my property and belongings with a gun."Fradsham in his decision found Fildebrandt did not meet the critea for actus reus, uttering threats, or mens rea, words uttered with intent to threaten or intimidate."I find the words at face value do not constitute a threat," said Fradsham, adding he thinks the words meant Fildebrandt was being "defensive" or "protective" of his property, which is not a crime."The words did not cause a threat," said Fradsham."Nothing the accused did or said indicate he was going to harm (the complainants).""I find the accused not guilty.".WS publisher Fildebrandt awaiting verdict in uttering threats case.The 38-year old husband and father of two, whose house is on a corner lot, testified he thought the boys, aged 13- to 14-years old, were damaging ornamental lawn signs, and he yelled at them to “get off my lawn.”Fildebrandt said he accused the teenagers of vandalizing his property, and it was demonstrated in court that Fildebrandt called the police himself. In his testimony, he admitted he verbally confronted the boys.The boys alleged Fildebrandt threatened to shoot them with guns after he saw them waiting for another friend on the sidewalk after a birthday party. They testified they were going to the convenience store to get some snacks.It was alleged Fildebrandt pointed a gun, or one boys said it could have been an axe, at the frightened youths and threatened to shoot them.The object in his hand turned out to be a cane he used to walk following injuries sustained in a motorcycle crash the previous summer, as the Western Standard earlier reported. The cane was entered as evidence in the court proceedings..Court hears teens felt threatened by cane-waving Fildebrandt.The court heard after the verbal confrontation on the sidewalk, Fildebrandt chased the boys in his pickup truck, with the police still on the phone. He blocked the path of one youth. Another ran to a neighbour for help, and a third called his parents.Fildebrand retreated back to his home in a bid to "de-escalate" the situation, he testified. The Calgary Police Service (CPS) came and interviewed Fildebrandt. Footage was shown in court.Rather than charging the boys with vandalism, CPS two weeks later on April 30 charged Fildebrandt with uttering threats.
A Calgary judge on Friday ruled Western Standard publisher Derek Fildebrandt innocent of charges of uttering threats to four teenage boys last spring. Fildebrandt, who pleaded not guilty on all four counts, underwent a two-day trial with seven witnesses in September, where he testified in his own defence. Court of King’s Bench Justice Allan Fradsham ruled not guilty on the charges from the April 13 incident. Some of the complainants' testimony was ruled unreliable by the judge because the boys discussed what they would say beforehand, leading the Fradsham to observe they relied more on "consensus" than "memory."However, the phrase witnesses universally agreed Fildebrandt uttered was: "I protect my property and belongings with a gun."Fradsham in his decision found Fildebrandt did not meet the critea for actus reus, uttering threats, or mens rea, words uttered with intent to threaten or intimidate."I find the words at face value do not constitute a threat," said Fradsham, adding he thinks the words meant Fildebrandt was being "defensive" or "protective" of his property, which is not a crime."The words did not cause a threat," said Fradsham."Nothing the accused did or said indicate he was going to harm (the complainants).""I find the accused not guilty.".WS publisher Fildebrandt awaiting verdict in uttering threats case.The 38-year old husband and father of two, whose house is on a corner lot, testified he thought the boys, aged 13- to 14-years old, were damaging ornamental lawn signs, and he yelled at them to “get off my lawn.”Fildebrandt said he accused the teenagers of vandalizing his property, and it was demonstrated in court that Fildebrandt called the police himself. In his testimony, he admitted he verbally confronted the boys.The boys alleged Fildebrandt threatened to shoot them with guns after he saw them waiting for another friend on the sidewalk after a birthday party. They testified they were going to the convenience store to get some snacks.It was alleged Fildebrandt pointed a gun, or one boys said it could have been an axe, at the frightened youths and threatened to shoot them.The object in his hand turned out to be a cane he used to walk following injuries sustained in a motorcycle crash the previous summer, as the Western Standard earlier reported. The cane was entered as evidence in the court proceedings..Court hears teens felt threatened by cane-waving Fildebrandt.The court heard after the verbal confrontation on the sidewalk, Fildebrandt chased the boys in his pickup truck, with the police still on the phone. He blocked the path of one youth. Another ran to a neighbour for help, and a third called his parents.Fildebrand retreated back to his home in a bid to "de-escalate" the situation, he testified. The Calgary Police Service (CPS) came and interviewed Fildebrandt. Footage was shown in court.Rather than charging the boys with vandalism, CPS two weeks later on April 30 charged Fildebrandt with uttering threats.
