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Judge admonishes Crown and calls joint-sentence submission “shocking”

Jason Lorin Frizzell, 52, pleads guilty to uttering death threats, assault with a weapon and failing to comply with conditions of an undertaking
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WESTLOCK – Although he said he was “shocked” and “outraged” by the joint-sentence submission placed in front of him, provincial court Judge Clifton Purvis reluctantly agreed to an 18-month suspended sentence for a Pickardville man who threatened to douse his former partner with gasoline and light her on fire only four days after being arrested for assaulting her.

In Westlock Provincial Court Nov. 30, Jason Lorin Frizzell, 52, pleaded guilty to uttering death threats, assault with a weapon and failing to comply with conditions of an undertaking. Judge Purvis, who admonished Crown prosecutor Anthony Estephan for agreeing to the joint-sentence and wondered “how the public wouldn’t be outraged” and “what message it sends to the community”, grudgingly agreed to an 18-month suspended sentence for Frizzell that includes a host of conditions like drug, alcohol and domestic violence counselling as part of probation, plus a two-year weapons ban and $300 in victim-fine surcharges to be paid by March 31, 2023.

“We release him and then four days later he’s back threatening to douse her in gasoline and light her on fire … four days. We release people day in, day out in this court on offences of violence and the only reason we do that is because there has to be some respect for those orders. He does not care about the court order and walked right through it and committed another offence. How can I not send him to prison? How is that appropriate? How is the public not outraged by that?” Judge Purvis asked. “I’m outraged. What kind of message does it send to the community?”

Estephan called it a “unique situation” and said while Frizzell has a criminal record, it’s doesn’t include any violent crimes. Estephan maintained that the sentence was “fit and appropriate” and will address Frizzell’s “underlying” drug and alcohol abuse issues, while defence lawyer David Keyes said his client “is trying to get help” and “is remorseful for this.” A second charge of uttering death threats and a single count of mischief under $5,000 was also withdrawn by Estephan.

“He knows that this is not how any adult, or any human being should be acting,” said Keyes. “These issues are arising from his inability to control himself with substances, with alcohol and drugs. The underlying issue is him losing control and it’s addressed in the conditions that he gets help.”

Frizzell, who admitted to “having too many beers” the night of the first assault, then rambled on and said he only ended up back at his home for the second offence after a long day of work and had wanted to ensure he got his house keys back from the victim.

“With a high degree of reluctance, I’ll go along with the joint submission. But I’m frankly shocked that the Crown would concede to this … my inclination would have been to throw him in jail for 90 days,” said Judge Purvis. “I think he’s remorseful, but I think he’s remorseful he got caught. I don’t think he cares about the order, but I am acutely aware why joint submissions are important and that’s why I’m going along with it, even though I think it’s frankly shocking.”

Ultimately, Judge Purvis warned Frizzell that if he breaches any condition of the probation order he’ll be back in front of him.

“And if that happens, I guarantee you’ll be going to prison. So, you better comply with my order because you’re not going to like the consequences if you don’t,” said the judge.

The crime

Court heard that around 9:52 p.m., July 18, 2022, RCMP received a complaint from a woman who told them her boyfriend had threatened to stab her and “was throwing items” around their house — when police got to Pickardville she was at her neighbour’s house.

“Jason Frizzell was intoxicated, and she told police that they had gotten into an argument, and he had threatened to stab her and had thrown a TV in her direction, and it almost hit her,” said Estephan.

Four days later, police were called again after Frizzell had threatened to assault the woman with rebar and “douse her gasoline and light her on fire” and kick her with his steel-toed boots. At the time he also kicked in the fence board that belonged to another woman.

George Blais, TownandCountryToday.com

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