Elderly Domestic Violence (Calgary) – Charges Withdrawn

Charges:
CC: s.267(A) - Assault with a Weapon, s.264.1(1)(A) - Uttering Threats

Allegations:
My 81 year-old client got into an argument with his elderly wife because she wanted to divorce him, and called him crazy.  He called her a bitch and a prostitute.  He pulled out a knife from a kitchen drawer, pointed it at her and said that he was going to kill her.  She managed to deescalate the situation and put away the knife.  Then, my client grabbed another knife, pointed it at her again, and told her that she wasn’t going to get any of his money.  Both of them are advanced in years and suffer from dementia.

Result:
Charges Withdrawn.  Crown entered a Stay of Proceedings

Charges:
CC: s.266 - Assault x 2; s.279(2) - Unlawful Confinement

Allegations:
On two separate occasions, my client and his girlfriend got into an argument while she was driving.  Both times, she reached for her cell phone, threatening to call the police.  Both times, my client grabbed her wrist, in order to prevent her from calling, causing her to swerve all over the highway.  On a third occasion, again, during an argument, my client prevented his girlfriend from leaving his residence.

Result:
Charges Withdrawn.  Resolved with a Peace Bond before trial.

Charges:
CC: s.267(A) – Assault with a Weapon

Allegations:
My client owed an employee some money.  They had plans for payment to occur later that day at Chinook Mall.  However, the employee just showed up at his house, requesting to be paid now.  My client got angry with this guy just showing up uninvited at his house, and making this demand.  My client shoved him right off his steps, causing the guy to fall to the ground.  My client then grabbed a 2×4 from his work trailer and chased him away.  The entire incident was captured on the complainant’s cell phone video.

Result:
Charge Withdrawn.  Resolved with an Informal Peace Bond before trial.

Charges:
CC: s.267(A) – Assault with a Weapon

Allegations:
My client came home drunk to find his wife studying.  He got angry with her because their son was still up and there was some food left on the table.  She ignored him.  He got angry and threw a phone at her, telling her to book him a flight back to India.  She continued to ignore his attempts to pick a fight with her.  Her ordered her to clean up the kitchen.  She told him that she was busy studying and that he could clean it up.  He became enraged, grabbed her by her hair and ears, forced her head between his legs, and punched her in the back of the head several times.  He then grabbed the salami from the table and began angrily stuffing it into her mouth.  Police investigated and discovered there was a long history of unreported domestic violence, including one incident that resulted in his wife having knee pain for 2 years, and her elbow needing to be in a splint.  Their 8 year-old son described to police numerous previous incidents he had witnessed, including times when he tried to intervene in order to stop his father from beating his mother.

Result:
Charge Withdrawn.  Resolved with a Peace Bond

Charges:
CC: s.434 – Arson; s.264(2)(B) – Criminal Harassment; s.334(B) – Theft under $5k

Allegations:
My client had been separated from his wife for 2 years, after 18 years of marriage and children.  My client attended at her residence, while she was away, and stole 2 pairs of her dirty panties, as well as her Apple Watch, in order to track her and to go through her apps.  My client then began sending angry messages to his ex-wife, after learning that she was in a new relationship.  He said that if he had a gun, he would kill them both.  He also sent her repeated unwanted communications, attempting to reconcile.  She filed for divorce and obtained a Restraining Order against him.  One day, he found her car parked on the street outside of her new boyfriend’s residence. He poured gasoline all over her car and set it on fire, causing it to be completely destroyed, and causing her boyfriend’s vehicle in front of it to also get severely damaged. My client admitted everything to the police, so there was no defence.

Result:
My client served 60 days in jail (served on weekends only), followed by a period of probation for one year.  He also had to pay restitution in an amount over $35,000.