The lawyer for a former MLA who chased a group of 13- and 14-year-old boys in his truck and is accused of threatening to shoot them asked a Calgary judge to acquit his client on four charges of uttering threats.
But the Crown said Derek Fildebrandt, 38, “exhibited violent behaviour” and should be convicted.
Closing arguments were made Wednesday in Fildebrandt’s three-day trial. Justice Allan Fradsham reserved his decision until November.
Prosecutor Stephanie Morton said Fildebrandt became “disproportionately enraged” when he mistakenly believed the four boys were damaging “No Peeing” and “No Pooping” dog signs.
On the night of April 13, 2024, Fildebrandt had just returned home from a business trip in Ottawa when he spotted four teens hanging out in front of his house in the southwest community of Crestmont around 9 p.m.
The boys testified they were waiting for a fifth friend and planned to head to a nearby convenience store for sleepover snacks.
Fildebrandt watched the teens out his living room window and testified that because his house is in an “extremely suburban” area he became suspicious.
After several minutes, Fildebrandt exited his home and began yelling at the boys. At the time, he was using a cane following a motorcycle accident.
“The crux of this prosecution … is, what did he say to the three boys as the garage door opened and he saw the kids milling about?” said defence lawyer Alain Hepner.
Fildebrandt testified he yelled: “Stop, come back here or I will call the police.”
‘Threatening and illogical’
But the teens testified Fildebrandt threatened to shoot them.
The boys testified he threatened to shoot them, so they believed the cane he was holding was a rifle. That’s what they said caused them to run.
“The children were honest, straightforward and … consistent,” said Morton of the boys’ testimony.
Fildebrandt got in his truck and drove after the teens while calling 911.
“He called 911, the emergency line, and continued his violent behaviour by chasing these children down the street in his Ford pickup truck,” said Morton.
“Mr. Fildebrandt’s words and actions that night were threatening and illogical.”
‘Please help’
As Fildebrandt chased the teens in his truck, one of the boys ran to a neighbour’s home, banged on the door and asked the woman who answered, Vanessa Lunse, for help.
“Please help, there’s somebody that has been following us, he told us he had a gun,” the boy told Lunse.
Lunse testified last week that she left the boy in her home and went outside to confront the man who’d been chasing him.
She found Fildebrandt, who had caught up with another one of the teens.
Lunse said she asked him if he told the kids he had a gun.
He said “no” but one of the boys yelled “yes, he did.”
Lunse testified that Fildebrandt said: “No, I didn’t tell them I have a gun. I told them I protect my property with a gun.”
Judge ‘ought to acquit’
In his testimony, Fildebrandt said he was simply explaining to Lunse that he had a rifle at home but had not told the children about it.
Police arrived and the boys were asked to provide statements.
Hepner suggested there was “inadvertent collusion” when the boys were gathered, speaking with each other and parents before they were asked to provide police statements.
He said the judge should have reasonable doubt about whether his client uttered threats and “ought to acquit” Fildebrandt.