McAdam vigilantism case headed to trial next year
Dwain Everett Gardiner, 46, is accused of assaulting, confining and pointing a gun at Blake Scott last summer
A McAdam man accused of backing up a friend out to get another village resident over contact with his teenage daughter will stand trial next spring on four indictable charges.
Dwain Everett Gardiner, 46, of Rockland Drive in McAdam, elected earlier this year to be tried before a Court of King’s Bench judge and jury on four charges: assaulting Blake Scott, pointing a firearm at him, possessing a firearm for a dangerous purpose and confining Scott unlawfully.
The charges arose after a June 4 incident in McAdam that prompted a public debate about the perceived shortcoming of rural policing by the RCMP and allegations that residents had taken matters into their own hands.
Justice Thomas Christie confirmed at King’s Bench motions day Monday that Gardiner’s jury trial would begin May 15, 2024, and would run for seven days.
Gardiner wasn’t present for Monday’s proceedings at the Burton Courthouse, but lawyer Alexander Carleton, acting as an agent for defence counsel Nathan Gorham, appeared on his behalf.
Both Carleton and prosecutor Rodney Jordan confirmed the trial dates were acceptable.
Another accused in the incident
Also arrested and charged at the same time as Gardiner was Billy Lawrence McGillicuddy, 42, of St. Croix near McAdam.
Unlike Gardiner, McGillicuddy was remanded as a result of the charges.
While McGillicuddy initially said he wanted a jury trial too, he ultimately opted to be tried in provincial court and pleaded guilty two counts assaulting of Blake Scott with weapons (a baseball bat and a chair), and confining him unlawfully as well.
Late last year, court heard McGillicuddy attacked Scott twice June 4, enraged over an incident during which Scott encountered McGillicuddy’s teenage daughter in a pedestrian tunnel in the village.
After McGillicuddy assaulted the victim with a baseball bat, Scott contacted Gardiner, his former brother-in-law, to inquire about the dispute and to try and mend fences.
Court heard during McGillicuddy’s sentencing hearing that Scott went to Gardiner’s home the same night, only for another violent encounter to erupt, this time with Gardiner as a participant with McGillicuddy, who showed up shortly after Scott arrived at Gardiner’s home.
After Scott was assaulted again, court heard, he was forced to strip naked and was ordered into McGillicuddy’s truck.
Instead, Scott fled to a neighbouring home, still nude, in a desperate bid to seek help.
Provincial court Judge Leslie Jackson imposed an 18-month jail sentence on McGillicuddy.
McGillicuddy alleged during that hearing that Scott was high on crystal meth June 14 and had lured his daughter.
None of the allegations against Gardiner have been proven in court.
Don MacPherson can be contacted at ftonindependent@gmail.com.