‘I’m not putting you in jail for this’: Crown prosecutor
James Gregory West, a 50-year-old homeless man convicted of assault with a weapon in an incident involving a controversial “stick” vs. a backpack snowblower, was handed a 12-month probation sentence and a suspended sentence in Westlock Court of Justice on April 24.
Justice Carrie-Anne Downey delivered the sentence, emphasizing it was intended to be a rehabilitative measure rather than a punitive one.
“I want you to succeed Mr. West,” said Justice Downey, adding that the assault charge was on the very low end of the spectrum. “I hope I see you in and around Westlock, but not in my court room.”
A key condition of West’s probation is that he must not have any contact with the complainant, Jordan Peever.
“If you see him just walk the other way,” said Justice Downey.
The incident: Snowblower vs ‘stick‘
The conviction stems from a March 2024 incident outside Pembina Lodge in Westlock, Alta., where West was accused of threatening Jordan Peever with what was described by Peever as an “axe handle” after being blasted with snow by a backpack snowblower. Crown prosecutor Eric Mosley repeatedly referred to the weapon as a “stick,” while West testified that the object in question was simply the handle of a hammer without the head, which he used to hold up shopping bags in his cart.
According to court documents, in March 2024 Peever had called 911 saying that West had threatened him with an “axe handle” in front of Pembina Lodge.
Const. Logan Simpson of the Westlock RCMP testified that he had responded to the Husky gas station for a 911 call by Jordan Peever. Const. Simpson said Peever had told him that West became aggressive after snow was blown in his face.
Peever was cross-examined by Richard Forbes (a lawyer appointed by the court to question Peever for cross-examination, though not representing West). West was self-represented but Sylvia Yoder, a court support worker from Hope Resource Centre in Westlock, assisted West throughout all court appearances.
Under cross-examination by Forbes, Peever admitted he blew snow at West for “a few seconds” before stopping while he was clearing the sidewalk at Pembina Lodge.
“Did you have it [snowblower] fully revved up,” Forbes asked Peever.
“Probably not fully revved up,” said Peever.
“OK so you were using [the snowblower] as a defense [weapon]. For how long?” asked Forbes.
“A few seconds,” said Peever, admitting he didn’t stop immediately.
“Then?” asked Forbes.
“He [West] turned around and left,” said Peever.
Forbes then said to Peever, let me put a possible version to you. After you hit West with the snow this person just walked past you and called you a “f***** goof.”
“Nobody said f****** goof at all, he didn’t and I didn’t,” testified Peever. “I didn’t hear him call me a goof at all.”
“You saw the axe handle in the shopping cart?” asked Forbes.
“I don’t know,” testified Peever. “I don’t pay attention to what he is pushing around in his shopping cart.
“I heard him yelling and he called me a f****** goof and he was coming at me with his hand up like this,” Peever testified, which conflicted with his earlier testimony in court where he said that no one called anyone a f****** goof.
Crown prosecutor Eric Mosely, under re-direct of Peever then asked Peever, “You may have accidentally blown snow at the person?’
“Yes,” said Peever.”
“Then you allowed him to walk by,” asked Mosley, adding, “How possible, if at all, when you let him walk by, that you blew snow at him again?”
“I did not,” said Peever.
Taking the stand in his own defense, West testified that on that chilly March 2024 morning, he had been pushing his grocery cart—filled with all his possessions—toward the A&W to get a hot coffee. He insisted he had never intended to harm Peever and repeatedly expressed confusion over why he had been charged.
“He put snow in my face and I called him a f****** goof. He sprayed me with snow. Anybody would be mad. I kept going to A and W to have my coffee and never thought anything of it again until two officers grabbed me at the Giant Tiger bin.”
Court heard that Westlock RCMP had also been called to the Dollar Store later the same day for a report of an aggressive male in the store. West was arrested outside by the bin. Const. Simpson testified that the male in the incident of the Dollar Store was West.
During cross-examination of West, Mosley said, “You were mad at [Peever] because he blew you with snow.”
West admitted that he was angry with Peever for blowing snow at him and testified that Peever didn’t immediately stop, so he called him a f****** goof.
Bylaw charges withdrawn
The Town of Westlock municipal crown prosecutor withdrew three bylaw charges against West at the end of the trial in March. The bylaw charges of failing to use a sidewalk, trespassing, and smoking/vaping in a public place, were laid the same day as the incident involving Peever at the Pembina Lodge.
Justice Downey made a pointed comment to the bylaw prosecutor, saying, “You didn’t sit in court all day just to withdraw the bylaw charges did you?” The bylaw prosecutor replied “no,” saying he had wanted to hear West’s entire trial and after hearing everything in court he wanted to withdraw all of the bylaw charges.
West’s criminal record
Court heard that West has a criminal record for convictions of failing to appear in court and assault with a weapon in 2023.
Despite West’s prior assault conviction, which resulted in a 30-day jail sentence—and the fact that a second conviction typically warrants increased jail time—Crown prosecutor Andrew Dirgo said during the April 24 sentencing hearing, that the incident involving Peever was at the “very low end of the scale.”
“I’m not putting you in jail for this,” said Dirgo.
Judge has concerns about West’s mental health
Justice Downey said she had concerns about West’s mental health and made provisions for his care as part of his probation, ordering him to seek psychological or psychiatric support if ordered by his probation officer. She made this condition contingent on availability in Westlock, acknowledging the extremely limited access to mental health professionals in Westlock and surrounding areas.
“How are you doing?” Justice Downey asked West. She then asked him if he would be able to work with the probation officer and follow the probation conditions.
West said that he would work with the probation officers.
“You are very pleasant and have a good relationship with [probation officers],” said Justice Downey.
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