Criminal record hangs heavy on pastor’s son who assaulted pro-mask senior

When pandemic tensions were reaching a boiling point in Aylmer, Herbert Hildebrandt’s decision to push an elderly neighbor to the ground over a pro-face mask road sign would ultimately change Hildebrandt’s life.

On Thursday, the courts pushed back, giving the son of the controversial pastor of Aylmer’s Church of God exactly what he didn’t want — a criminal record.

Hildebrandt, 39, was sentenced Thursday in the Ontario Court of Justice to a $1,000 fine along with a two-year probation order with 100 hours of community service for assaulting Jack Dykxhoorn, 86, on Dec. 10, 2020, in a driveway across from the church.

“The sentence must denounce Mr. Hildebrandt’s conduct in a loud, clear and plain way,” said Ontario Court Justice Mark Poland.

This is the second brush with the criminal justice system for Hildebrandt, the son of Pastor Henry Hildebrandt, the firebrand leader of the conservative Aylmer church that became the epicenter of resistance to public health measures designed to contain the spread of COVID-19.

Hildebrandt was granted a conditional discharge for obstructing a peace officer during one tense Sunday morning outdoor service where police were watching for public health offences. That was two weeks after he had pushed Dykxhoorn.

He pleaded not guilty to assault last summer, but Poland rejected his self-defence claims and convicted him.

Dykxhoorn, who was recovering from a broken shoulder at the time of the confrontation, suffered bruised ribs from the push and said in his victim impact statement that he has added extra security measures to his home since the assault.

“The emotional impact will be felt for some time to come. The injuries sustained in the assault are still lingering and have caused me great pain and sleepless nights,” he said.

“I do not wish ill harm to anyone but do feel there should be just and warranted consequences for the actions of Mr. Herbert Hildebrandt,” he also said.

Poland agreed and decided to reject the defence’s call for “an intense, robust conditional discharge” with lengthy terms that, once completed, would have left Hildebrandt without the restrictions that flow from a criminal record, specifically those that hinder international travel.

Poland made the decision even after Hildebrandt’s resounding apology to Dykxhoorn and plea for forgiveness from the court. “I wholeheartedly and unreservedly apologize to Mr. Jack Dykxhoorn, his family and his friends for my behavior on Dec. 10, 2020. If I could I would certainly rewind to that morning and do things very differently,” he said.

“The events of that morning and the error in judgment are a deep stain on my reputation in my community, my family and most unfortunately made life more difficult for Mr. Dykxhoorn in his senior years. And for that I am truly sorry.”

Poland said that while a conditional sentence would be in Hildebrandt’s best interest, it wasn’t in the public’s interest. What Dykxhoorn and his friends were up to on Dec. 10, 2020, when defiantly placing the sign that read “Be Kind. Wear A Mask” in front of the church was not just an act of mischief, but an act of expression that is constitutionally protected, the judge said.

“People expressing themselves, even in foolish or intemperate ways, must be protected from violence at the hands of others who would seek to respond to that expression with brute force,” Poland said.

“Here on the day of this offence, we had what was essentially such an act. It was a cowardly act of bullying, directed at a relatively frail, 84-year-old man by a strong and robust 37-year-old.”

Poland also rejected the argument from assistant Crown attorney Stephanie Venne for a suspended sentence for what she described as “a senseless act of violence” with two years of probation. Instead, he opted to hit Hildebrandt in the pocketbook.

And, he added, the community service hours must be completed outside of the work of the Church of God where Hildebrandt is a devout member, and to give back to the entire community. Poland said he was not diminishing the church’s work, but the sentence needed to be “something above and beyond that.”

The criminal record is what will weigh heavily on Hildebrandt’s life, given what his defense lawyer Lakin Afolabi said about Hildebrandt’s current activities.

The married father of five is employed in the packaging industry and does consulting on the side. He is taking his master’s degree at the Ivey school of business and makes frequent international trips to South America. Afolabi said Hildebrandt travels every couple of weeks.

He said Hildebrandt had reflected on what happened, has taken counseling and sought help from the people around him.

But Venne said the completed counseling for anger management and behavior modification were from online courses costing $25 each. Every letter of support came from Church of God members.

Hildebrandt had many choices the morning he pushed Dykxhoorn, including an option of simply pulling up the cardboard sign and throwing it away, she said. .

“Mr. Hildebrandt had so many other choices available to him that day, but he chose violence. And someone who is going to choose violence in this type of circumstance does not deserve a conditional discharge after trial,” she said.

Venne also wanted a 10-year weapons prohibition and an order that Hildebrandt, who is a hunter and has a gun licence, forfeit his three long guns and two handguns that he turned over to the OPP.

Poland disagreed. He included a weapons prohibition for the duration of Hildebrandt’s probation order and allowed him to make arrangements that the long guns be transferred to someone he knows. Under new federal laws put in place in October, the handguns will be destroyed.

Poland also said he had to consider how the pandemic and public health measures affected all aspects of the case. As well, he considered what happened to be a “one-off.”

Ironically, Hildebrandt’s sentencing was conducted through a teleconference, a concept perfected during the pandemic to keep the court open during restrictions. This time, however, it was used to avoid the slippery road conditions on Thursday morning.

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