A Langley, B.C, realtor convicted of dragging a Leduc peace officer with his vehicle three years ago, will have his appeal of his sentence heard on Feb. 21, at the Wetaskiwin, Alta. Court of King's Bench.
David Foxwell, now, 52, was given a summary conviction on July 4, 2023 at the Leduc Court of Justice for assaulting a peace officer, two counts of resisting a peace officer, dangerous operation of a motor vehicle, impaired driving, and refusing to provide a breath sample.
The Crown did not proceed on a Traffic Safety Act charge.
According to court documents, on Dec. 15, 2021, Cst. Jason Leasa pulled Foxwell over in his Hyundai after he allegedly failed to stop at an intersection. Leasa demanded a breath test and the accused began to drive away.
In an effort to stop him, Leasa reached through the open window and grabbed the steering wheel, and the rented Hyundai Elantra continued to travel down the road at around 40 kilometres per hour, dragging Leasa for about 200 metres.
The Hyundai only came to a stop when a civilian drove his vehicle in front of it.
Leasa reportedly sustained some bruising to his right forearm, armpit and ribcage.
When Foxwell was cautioned at the roadside, he reportedly kept repeating, "I just want to die."
At trial, Foxwell's defence conceded the Crown had proven the two counts of resisting, dangerous operation of a motor vehicle and failing to provide a breath sample but argued the Crown hadn't proven count three, assault causing bodily harm, and count five, impaired driving.
After the Crown and defence both closed their cases at trial, a Charter breach (voir dire) was entered.
In his written decision on the trial and Charter voir dire, Justice G.A. Rice determined Foxwell had been held at the Leduc cells for about 22 hours after he had been granted release. The accused had requested phone calls but was not permitted any.
Rice concluded overholding after suspects had been granted cash bail was a "systemic" issue at the Leduc detachment, as they didn't take payment by credit or debit card.
He ruled there had been a Charter breach, but due to the seriousness of the offences, Foxwell was given a reduced sentence rather than a stay of the charges.
"The accused has been convicted of very serious offences," said Rice, adding the offences, which occurred during a lawful traffic stop, "strike a blow to the administration of justice."
"I also found there is no evidence that anyone at the Leduc detachment had even considered this overholding to be a problem, never mind taken steps to rectify it. I find this highly problematic," said Rice.
"Accordingly, I find a sentence reduction in conjunction with a formal denunciation will send a very strong message."
Sentenced on Sept. 25, 2023, Foxwell was given a 16-month conditional sentence and a three-year driving ban.
Information on the grounds for appeal were not obtained by press time.
- With files from Matthew Claxton, Black Press Media
