Former MLA Derek Fildebrandt’s trial got underway Wednesday with testimony from three teenaged boys who said he threatened to shoot them and chased them in his pickup truck.
“I was really scared, I thought I was going to die that day,” said 13-year-old Marcus.
CBC News is not using the surnames of the underage witnesses. They will be identified as Marcus, Daniel and John.
The trial is scheduled to run two days.
During his arrest, Fildebrandt, 38, told police he chased the kids because he believed they had vandalized a “No Peeing On My Lawn” dog sign.
The three boys testified remotely at Fildebrandt’s trial on four charges of uttering death threats stemming from an incident earlier this year.
The alleged events happened on April 13. The boys said they were celebrating John’s 14th birthday that day.
‘Weird looks from him’
The group had gone paintballing and then arrived back at John’s home in the southwest community of Crestmont for dinner and cake.
Afterward, the boys decided to head to a nearby gas station for snacks around 9 p.m.
A fifth friend texted the group asking to join.
The witnesses testified the group waited for her in front of Fildebrandt’s house for a few minutes, talking among themselves and playing on their smartphones.
The three boys each said that after a few minutes, they noticed Fildebrandt peeking out of his window at them.
“We were getting weird looks from him out his window,” said John.
‘I’m going to shoot you’
Daniel testified he understands why the group standing outside a house at night could “look suspicious,” but none of them touched anything on Fildebrandt’s property.
“It’s dark, four teens are standing on the sidewalk. I can see why he’d be suspicious,” said the 14-year-old.
Fildebrandt then came out of his house holding an object.
John testified Fildebrandt was “enraged.”
At the time, Fildebrandt was using a cane after breaking his leg in a motorcycle accident but the teens testified they believed it was a gun because of what he yelled.
“We were all arguing what it was and then he said, ‘I’m going to shoot you,’ and then we were confident it was a shotgun,” said Daniel.
Boys hid behind cars, tree
Prosecutor Stephanie Morton asked Marcus if he could tell what Fildebrandt was holding.
“Not 100 per cent but he said he was going to shoot us so I assumed it was a gun,” said Marcus.
Marcus testified Fildebrandt said: “I’ll shoot you if you come back here,” while waving the object in the air.
The boys then ran but Fildebrandt caught up to them in his pickup truck.
They described hiding behind cars and a tree as Fildebrandt spotted them and reversed down the street.
Marcus testified that as he ran down the street, Fildebrandt drove onto the sidewalk, cutting him off with the vehicle.
Fildebrandt then rolled down his window and told Marcus to “stay where you are, you’ll be in a lot less trouble.”
Neighbour helped
John testified he hid behind a car in a nearby driveway and then banged on the front door “in distress.”
A woman named Vanessa answered, let John inside and left him with her husband while she went outside to see what was going on.
Shortly after, John’s father pulled up to the scene.
Each of the three teens testified they did not touch, kick or take anything from Fildebrandt’s property.
A doorbell camera video played in court shows two of the boys running down the street with a black truck driving after them.
‘I just want them scared’
In his cross-examination of the witnesses, defence lawyer Alain Hepner confirmed the boys spoke with each other before giving their statements to police.
“I’m suggesting it was a cane and not a gun,” Hepner said to John.
“It could have been but I think it was a gun,” John replied.
After the boys’ testimony, a 911 call made by Fildebrandt was played for the court.
Fildebrandt can be heard telling the operator: “I’m in pursuit of some teenage vandals.”
“I have no intention of pursuing charges against them, they’re just kids.… I don’t want these kids in trouble, I just want them scared.”
911 call played
The operator asked Fildebrandt to “describe the damage” to his property.
He said he only got a “brief look.”
“The kids were looking extremely suspicious.… They ran, clearly guilty.”
The 911 operator notified Fildebrandt that police were on the way and he headed home.
After interviewing the boys, police arrived at Fildebrandt’s home to charge him with uttering threats.
He told the officers that the kids were “hanging around a bit much” and said they “looked a little suspicious.”
‘Get off my lawn’
That’s when he told police he had a series of signs on his property in an effort to deter dogs from using his lawn as a bathroom. Fildebrandt believed some of the signs were missing or broken.
Fildebrandt described confronting Marcus.
“He looked scared,” said Fildebrandt. “I said ‘you’re not in trouble, I just want the police to come and give you a talking to.”
The officer asked if Fildebrandt mentioned a firearm to the kids.
“I don’t think so,” he said. “I was yelling at kids to figuratively ‘get off my lawn.'”
The Crown closed its case Wednesday afternoon.
Defence will have its turn starting Thursday.
It’s not yet clear if Fildebrandt, who runs a Calgary-based news website, will testify in his own defence.