Two St. Albert men who found themselves in legal trouble after snowplowing with an ATV last winter have had the charges against them stayed. Following an incident in Jan. 2011, Jon Cooper received a ticket for using an ATV within city limits, which is against the city's bylaws. His son Dan Cooper was charged with resisting arrest and obstruction of a police officer.
Two St. Albert men who found themselves in legal trouble after snowplowing with an ATV last winter have had the charges against them stayed.
Following an incident in Jan. 2011, Jon Cooper received a ticket for using an ATV within city limits, which is against the city’s bylaws. His son Dan Cooper was charged with resisting arrest and obstruction of a police officer.
A stay effectively ends the charges but the Crown can re-instate them within one year if it chooses.
“It is good news. I am very relieved and happy,” said Dan.
Three days of trial proceedings took place in February on the criminal charges. That trial was expected to continue next week. Former detachment head Insp. Warren Dosko and several other officers were still scheduled to testify.
Jon’s trial on the bylaw ticket would have proceeded after his son’s charges were resolved.
Alberta Justice had little comment on the stay, which was done in advance of next week’s appearance.
“It was the Crown’s decision that it was not in the public’s interest to continue the prosecution,” said department spokesperson Julie Siddons in an email.
According to both sides, Jon and his son were plowing the sidewalk between his home on Bellerose Drive and a nearby seniors’ residence when they got the ATV stuck. They were using a pickup truck to try to pull the quad free from the curb lane of Bellerose Drive when officers came upon the scene.
Once legal proceedings were underway, Dan was offered entry into the alternative measures program, which would have allowed him to resolve the matter without a criminal record. This is usually accomplished by performing some community service hours. He turned down the offer.
“It is important for me to stand up for the little people who can’t stand up for themselves,” he said.
Jon said the stay of the charges is a disappointment in some respects because it is not a complete vindication and he worries it could prevent his son from travelling.
“It stops him from going into the states now. This is a big cop-out for the police as far as I am concerned,” he said.
He said he would rather have pressed the matter and have a judge rule on it despite the legal costs he’s incurred.
“We would have rather gone to court and beat it. We have already spent $20,000 or $25,000,” Jon said.
Dan said he is also disappointed the charges were stayed because he doesn’t believe they should have ever been laid in the first place.
“The proper outcome would have been for the Crown to withdraw the charges not to stay them,” he said.
Dan blames the officer who arrested him for losing his cool. He argues the proper response to the stuck ATV would have been for the police to help him out.
“His actions on that day were no different than a schoolyard bully except he had taken an oath to uphold the law,” he said.
Dan said he hasn’t decided what their next step would be, but will be looking at possible legal options.
“Obviously all options are on the table,” he said. “We haven’t really discussed where we go from here.”
