‘You guys can fuck off with your trial date!’
Joshua Daniel Grant Burden, 48, of Fredericton, was to plead guilty to charges stemming from threat to judge but instead denied them while flying into profanity-riddled rage
A homeless man who threatened to beat up a Fredericton judge last summer is headed to trial on related charges, though the original plan Thursday was for him to admit to two of three counts.
Joshua Daniel Grant Burden, 48, of no fixed address, was scheduled to go through a preliminary inquiry in Fredericton provincial court Thursday on charges of uttering threats, intimidating a justice-system participant and breaching his probation.
The charges stem from a June 19 incident in provincial court when Burden lashed out angrily at Judge Scott Brittain.
Burden has been a difficult defendant throughout his many court appearances since last spring, and given his repeated refusals to engage in the court process, the court deemed him to have elected trial by Court of King’s Bench judge and jury.
Thursday’s preliminary hearing was scheduled to determine if there was sufficient evidence to merit sending the case up to the higher level of court for a jury trial.
Nova Scotia provincial court Judge Diane McGrath is presiding over the judge-threat prosecution given the potential conflicts for New Brunswick judges.
Things were off to a rocky start even before court convened, as Burden could be heard ranting in the courthouse cellblock, cursing and complaining.
And when deputy sheriffs brought him into the courtroom, he was still primed to lash out.
“Fuck off!” he yelled at the deputies, refusing to remove his ball cap. “I fought for my fuckin’ country!”
Deputy sheriffs told Burden people were required to remove their hats as a sign of respect when in court.
“I don’t care where the fuck I am!” Burden said.
Burden has never served in the military, but in past court appearances, he has claimed his name is Chris Kyle, which is the same name as a decorated U.S. sniper who wrote a book about his military service that was adapted into a movie.
The accused ranted that he’d been stabbed while being held at the Saint John Regional Correctional Centre, claiming other prisoners there think he’s a sex offender because he’d been charged with sexual assault.
“I’m dying of a stomach injury! I’m not guilty!” he yelled.
Burden ranted that he’s been locked up for 40 months - though he’s been remanded since June - and wasn’t going to do a single day more in custody.
Unexpected change of plans
McGrath appeared by video-link in Fredericton provincial court from Sydney on Thursday and noted that the defence had filed a notice of re-election with the court, seeking to have the charges dealt at the lower level of court.
Crown prosecutor Marc-André Desjardins said the plan was for Burden to plead to two of the three counts, with the clear intent that the defendant was going to plead guilty.
But Burden altered course.
When court convened, McGrath made note of the re-election and asked the accused how he wanted to plead.
He initially muttered his plea, causing the judge to think he’d pleaded guilty, but then Burden screamed, “Not guilty!”
McGrath scheduled his trial for March 27 and remanded him again until that time.
“You guys can fuck of with your trial date!” Burden hollered.
As deputy sheriffs prepared to remove him from the court, the handcuffed defendant threatened them, though he didn’t lash out as they escorted him from the courtroom.
Instead, he said, “Fuck you and your country!” and spat in the direction of the big-screen television on which McGrath’s image appeared..
Defence counsel Joshua Adams said during the tumultuous proceedings that Burden had made it clear to him earlier in the morning that he no longer wished to have the lawyer represent him.
Adams was removed from the court record Thursday morning, meaning Burden will be representing himself unless Legal Aid New Brunswick appoints new counsel.
The charges against Burden for threatening a judge arose when Brittain made a ruling on a bail hearing June 19 - Burden’s second such hearing last year - denying him release yet again.
The defendant didn’t care for that result and yelled, “I’ll meet you in the parking lot at the courthouse and punch your fucking face off!”
The Crown had objected to Burden’s release on earlier charges, and those are still making their way through the courts.
He’s accused of breaking into City Auto on the north side and stealing a vehicle April 19; sexually assaulting a woman June 6; threatening Eric Lanteigne and Terri-Lynn Stewart, and violating a no-contact order with the sexual-assault complainant June 7; and breaching his probation repeatedly.
Adams had been representing Burden on those counts as well, but no longer.
He also appeared before Judge Mélanie Poirier LeBlanc on Thursday for a management appearance on those prosecutions.
The judge scheduled his trial on those counts for March 15.
Don MacPherson can be contacted at ftonindependent@gmail.com.
Sounds like this man needs to be signed in to a psychiatric hospital. Mental health issue for sure! Or lock him up and throw away the key. Being a transit driver, we deal with this behaviour too often.