ST. THOMAS – At the end of Herbert Hildebrandt’s second day of trial, his defense lawyer announced that the son of a controversial Aylmer pastor is going to testify in his own defence.
ST. THOMAS – At the end of Herbert Hildebrandt’s second day of trial, his defense lawyer announced that the son of a controversial Aylmer pastor is going to testify in his own defence.
That declaration from lawyer Lakin Afolabi raised the eyebrows of Ontario Court Justice Mark Poland. He had spent part of Tuesday hearing evidence from two defense witnesses allied with Hildebrandt who described Hildebrandt’s shove of an 84-year-old senior citizen during the height of the pandemic’s tensions over public health restrictions as “a light push.”
“I think it’s unusual if you’re going to call your client, you don’t call him first,” Poland said before adjourning to Wednesday.
So far, the assault trial of the 38-year-old Aylmer man and son of controversial Church of God pastor Henry Hildebrandt has been unusual. He pleaded not guilty 10 months ago to shoving Jack Dyxhoorn to the ground on Dec. 10, 2020, for putting a sign in front of the church asking people to wear protective masks.
The church and its pastor were lightning rods of pandemic discontent over public health restrictions during the pandemic and put Aylmer on the map as the epicenter for anti-mask and anti-vaccination protest.
Back at the first day of trial, Dykxhoorn, a feisty but wary witness, described how he and his coffee klatch buddies decided to plant a community sign in front of the church across the road from the Thompson farm where they would meet each morning.
The sign, printed up by Aylmer businesses, said Be Kind. Wear A Mask.
They took a photo for posterity before heading back to the farmhouse. Dykxhoorn’s testimony, bolstered by three friends who tested for the Crown on the second day of the trial Tuesday, was that an angry and upset Hildebrandt showed up a short time later and and gave him a hefty shove in the driveway.
The push was strong enough to knock Dyxhoorn back against his pickup truck where he lost his balance. and was shoved again to the ground. Dyxhoorn said they heard Hildebrandt say he didn’t mean to push Dyxhoorn that hard. Dyxhoorn suffered broken and cracked ribs.
Poland heard a different story from the two defense witnesses who tested on Tuesday.
First up was Peter Hildebrandt, 56, the accused’s uncle who described himself as “the discipline dean” of the Church of God’s school. He tested that a student alerted him that some men put the sign in front of the church before heading back down the road to the farm. He said he called his nephew, who was on his way to the church, to let him know.
Peter Hildebrandt said he got into his Kia Soul and headed down the road where he saw Dykxhoorn’s red truck and his nephew’s white truck on either side of the driveway. From inside his vehicle, he said he couldn’t tell if his nephew was angry – he later claimed his nephew was “just checking out what was going on” – and said his nephew and Dykxhoorn “just met, to continue . . . their conversation.”
He said Dykxhoorn approached his nephew and his nephew “pushed him lightly on the chest.” He insisted there was no second push.
Dyxhoorn, he said, “backs up and hits the truck, then falls down on his side… He lost his balance and went backwards.”
That’s when the uncle said he got out of his vehicle and asked his nephew what happened. He said his nephew told him he checked to see if Dyxhoorn was alright. Dyxhoorn said “just the f-words.”
Both uncle and nephew drove back to the church property, and Dyxhoorn followed in his truck. The uncle said Dyxhoorn was “very upset” and his nephew put the sign in the back of the pickup.
Samuel Bergen, 24, testified he was just driving near the church when he saw someone had set up the sign. He stopped when he saw Hildebrandt in his truck and his uncle standing at the end of the church driveway, talking.
Bergen said he followed a “calm” Hildebrandt to the farm property, parked his car on the shoulder, saw Hildebrandt get out of his truck “and stood there.”
He couldn’t recall if Hildebrandt said anything. “I just remember an older gentleman coming up and wearing at him,” he said.
He said he could tell the man, Dyxhoorn, was angry, by the way he was walking and talking. “He was wearing mostly,” he added.
Bergen said Dyxhoorn walked up and “bumped” Hildebrandt twice and “got close to his face.” Hildebrandt “did what any human would do and kind of touched him and told him to get back.”
There was no second shove. “The older gentleman exaggerated or embellished the push,” by taking two steps back and falling to the ground.”
Hildebrandt and Bergen walked up “to ask if he was OK. He just kept wearing, so we said, ‘let’s go,’” Bergen said.
In cross-examination by assistant Crown attorney Stephanie Venne, Bergen said he followed Hildebrandt to the farm and “stood there to see what was going to happen in case they have to call for me.”
After the confrontation, Bergen said he went back to the church where he saw Hildebrandt and his uncle talking to Dyxhoorn. Bergen took a photo of Dyxhoorn’s truck because he “wanted the license plate.”
Venne asked why he needed plate number. “I don’t know,” he said.
The trial continues Wednesday when Hildebrandt is expected to testify.
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