McAdam man opts for jury trial in alleged vigilantism case
Dwain Everett Gardiner, 46, faces charges related to violence instigated by Billy Lawrence McGillicuddy against Blake Scott
A McAdam man accused of violent offences related to an alleged instance of vigilante justice has opted for his case to be decided by a jury.
Dwain Everett Gardiner, 46, of Rockland Drive in McAdam, faces indictable counts of assault, pointing a firearm, possession of that gun for a dangerous purpose and unlawful confinement.
The charges stem from a June 4 incident in the village that made headlines in the province when residents alleged Gardiner and another man were simply dealing with a criminal element in the community when police wouldn’t.
The case was back in provincial court Wednesday. Gardiner wasn’t present, but lawyer Alexander Carleton, appearing as an agent for defence counsel Nathan Gorham, appeared on his behalf.
After filing authorization allowing him to act in Gardiner’s absence, Carleton elected trial in the Court of King’s Bench before a judge and jury.
Judge Mary Jane Richards referred the case to the next King’s Bench motions day to schedule the jury trial.
Linked to McGillicuddy case
Gardiner’s case is connected to that of Billy Lawrence McGillicuddy, 41, of St. Croix near McAdam, who was held in custody last summer after being charged with violent offences against Blake Scott.
McAdam residents rallied around McGillicuddy, alleging he was just protecting his daughter from an unsavoury element in the community.
The outcry also elicited harsh criticism of the RCMP’s policing efforts as well, as many said the Mounties were ineffective and/or absent in the village and other rural communities.
McGillicuddy initially opted for a jury trial as well, but later re-elected to be tried in provincial court and pleaded guilty to assaulting Scott with a baseball bat and again with a chair, and confining unlawfully.
During his sentencing hearing late last year, court heard McGillicuddy went after Scott twice on June 4 over an incident between the victim and McGillicuddy’s teenage daughter in a pedestrian tunnel in McAdam.
Upon learning of the encounter, McGillicuddy struck Scott in the leg with an aluminum baseball bat at a McAdam apartment.
Court heard Scott contacted Gardiner, his former brother-in-law, and went to his home to clear things up late the same night, June 4. That led to another violent confrontation between McGillicuddy and Scott, during which the former beat up the victim again and struck him with a chair, telling him he messed with the wrong family.
After Scott was subdued, McGillicuddy forced him to strip down and ordered him into his truck, but Scott instead fled naked to a neighbouring home, where residents called 911.
McGillicuddy was sentenced 18 months in jail, less credit time he served on remand.
Though he pleaded guilty, he told Judge Leslie Jackson during his sentencing proceeding that Scott was high on crystal meth on the afternoon in question and lured his daughter into the tunnel.
Gardiner’s charges stem from his alleged role in that same violent incident at his home that night, but none of the allegations against him has been proven in court.
Don MacPherson can be contacted at ftonindependent@gmail.com.