Crown appeals acquittals of former Alberta MLA Derek Fildebrandt who chased teens in truck
Meghan Grant | CBC News | Posted: January 6, 2025 6:56 PM | Last Updated: January 6
News website publisher Derek Fildebrandt was acquitted in November
Former Alberta MLA Derek Fildebrandt will return to court this year despite being acquitted on charges of uttering threats against a group of teen boys.
The Crown filed a notice of appeal at the Calgary courthouse, asking a Court of King's Bench Justice to overturn the acquittals and substitute convictions or, alternatively, order a new trial.
In a written statement provided to CBC News, Fildebrandt called the prosecutors' office "losers."
"They're embarrassed that they got their backsides slapped for wasting the court's time and got scared once they saw the freedom of information requests I filed for their dirty laundry," wrote Fildebrandt.
"They'll waste more court time and taxpayers' money, and they'll lose again."
Fildebrandt's charges were laid last April following an incident in which he shouted at and then chased the boys through his southwest community of Crestmont because he wrongly believed the teens were damaging his lawn ornaments.
Justice Allan Fradsham found that Fildebrandt did tell the kids, "I protect my property and my belongings with a gun." However, the judge ruled the comment wasn't intended to intimidate and thus acquitted the accused on all four charges in November.
Now 39 and a news website publisher, Fildebrandt was the MLA for Strathmore-Brooks from 2015 to 2019, originally representing the Wildrose, then the United Conservative Party and finally serving as an Independent.
'Unreasonable' verdict
In its notice of appeal, the Crown indicated a plan to argue that Fradsham's verdict was "unreasonable" and that he "erred in law" when finding Fildebrandt not guilty.
Appeal arguments are set to be heard in April.
The incident took place on April 13 around 9 p.m. when Fildebrandt spotted the group of teens hanging outside his home.
The boys, ages 13 and 14, were waiting for a friend to join them for a walk to a nearby convenience store to buy sleepover snacks.
Fildebrandt testified that his lawn ornaments — which were "No Peeing" and "No Pooping" dog signs — had previously been stolen and he was concerned the boys were vandalizing them.
Boys believed cane was gun
Fildebrandt exited his home and began yelling at the boys, shaking his cane in the air, which the boys came to believe was a rifle.
When they ran because of the perceived threat, Fildebrandt got in his truck and chased the boys through his neighbourhood, eventually using his vehicle to block the path of one of the teens.
One of the boys banged on a neighbour's door and begged for help, telling her he was being chased by someone with a gun.
The neighbour left her house and confronted Fildebrandt in the street. She testified that he said: "I didn't tell them I have a gun. I told them I protect my property with a gun."
Fradsham found that Fildebrandt's comments to the kids were "descriptive of a defensive, protective action embarked upon in response to a threat or attack" and fall into the same category as a "Guard Dog On Duty" sign designed to deter trespassers.