A St. Albert man who threatened to kill police in a Facebook posting in January will remain in custody at least another two weeks before being sentenced.
James Houtstra pleaded guilty in May to uttering death threats, admitting he had posted threats to kill RCMP officers that praised James Roszko, the man who killed four Mounties in Mayerthorpe.
“Dug up the old .38 last night and it shoots like I bought it yesterday! I can’t wait until this is all f…. over. I will be joining my hero, James Roszko,” read one of the posts.
Houtstra’s sentencing has been delayed three times as the court awaits a mental health evaluation that has yet to be prepared.
On Monday Houtstra’s lawyer Anita Myers pushed for the court to either sentence him or release him on bail until the mental health report could be completed.
Myers secured a private psychological assessment of Houtstra, which along with a pre-sentencing report prepared by the probation department, suggested Houtstra did not need to be in jail.
“You have two professionals saying he is fit to be released into the community,” she argued.
Crown prosecutor Douglas Taylor argued that several other judges who have reviewed the case have declined to sentence Houtstra without the mental health evaluation and that it would be a mistake to do otherwise.
He told the court the Crown would be seeking a sentence of at least one year for Houtstra.
Judge Larry Nemirsky denied both of Myers’ motions and held the sentencing over until Aug. 13. He said that, especially given Houtstra’s convictions for failing to appear in court, he wasn’t prepared to release him prior to sentencing.
“I have concerns about the possibility of his re-offending between now and his sentencing,” Nemirsky said.
Myers told the court Houtstra had been accepted into a private drug treatment facility, but Nemirsky said he couldn’t be confident Houtstra would stay there.
