Assault charge withdrawn after an argument on Egermont

August 3, 2020

Alex Kurial
Local Journalism Initiative

An argument over a “souped up muffler” means a Lambton County man will have to keep the peace to stay out of jail.
Derek Wilson, a roofer, was in Plympton-Wyoming when he got a call to a job on Egermont Road. While driving there, he went past a woman and her daughter into their driveway at a higher rate of speed than the woman thought was necessary.
The woman ended up arguing with Wilson.
“The dispute resulted in her yelling at Mr. Wilson as he drove by her at a fast speed, and then Mr. Wilson getting out of the car and a loud argument ensuing afterward, which caused [the woman] to fear for her safety,” says Crown attorney David Nicol.
Wilson’s car has a “souped-up muffler” according to defense lawyer Robert McFadden, which he says may have caused the woman concern.
But the court heard Wilson say he didn’t believe this. “It was kind of a he-said, she-said. It was me and her and my buddy and her daughter, so we’re the only ones who know what happened,” says Wilson. “I don’t think she was scared. I don’t think she was scared at all.”       
The judge said that it didn’t matter what Wilson thought. “It’s not important necessarily what she felt, but it’s the circumstances that give rise to the Crown’s position that she had a reasonable fear for her safety,” says Justice Krista Leszczynski.
Wilson’s agreement to the peace bond means a criminal charge of assault was dropped. He will have to keep good behavior, stay away from the woman and the house.

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