By Patrick Burles - @PatrickBurles on Twitter

Charges stayed for two men accused in west side standoff

Sep 27, 2018 | 3:34 PM

LETHBRIDGE – Charges have been stayed for two individuals who were arrested after a nearly four-hour standoff with Lethbridge Police in early 2017.

It was learned Thursday, Sept. 27, that the decision to stay the charges against Brian Fulljames and Forrest Jensen was officially made on Sept. 21, by Crown prosecutor Brad Stephenson.

“Part of the Crown’s obligation is to always review the files with a view to ensuring they meet the prosecution test, which is two-fold. First of all, is there reasonable likelihood of obtaining a conviction? And secondly, is it in the public interest to continue to prosecution? And that’s something that’s reviewed regularly throughout the course of a prosecution of a file, and if at any point that test is no longer met, then it’s the appropriate thing to stop the prosecution,” explained Stephenson, while speaking with Lethbridge News NOW.

“After consulting with the police and considering the circumstances, the allegations, some concerns about defences that might be raised, and most importantly the circumstances of the accused persons, I determined that the prosecution wasn’t met any longer, and for that reason I directed a stay,” he continued.

Stephenson noted that he could not get into the specific reasons for the decision without revealing personal details of Fulljames and Jensen, which he could not do for privacy reasons.

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Fulljames’ defence lawyer, Greg White, also spoke to members of the media, building upon what Stephenson had to say.

“I think the Crown also took into consideration that Mr. Fulljames and Mr. Jensen have been in custody from time-to-time on these charges, that they’ve had to travel from Ontario to Alberta to face the charges, and that they’ve been, effectively, stuck in Alberta waiting for the charges to happen,” said White.

He also referenced a trial for the two that had been scheduled to begin in August but was then adjourned because of a backlog in the court system, adding, “It was in the best interests of justice, at the end of the day, for the charges to be stayed.”

White stated that while he didn’t discuss the development in great detail with Fulljames, he’s certain his client is happy with the end result.

“It’s been a long haul to get here, and him and his boyfriend want to get on with their lives, they’ve wanted to go back to Ontario, and they’ve struggled and suffered a lot because of these charges,” White explained. “I think that he’d be satisfied to get on with his life now.”

The charges against Fulljames and Jensen originated from an incident on Feb. 10, 2017, when Lethbridge Police attended a home along Dalhousie Court West to execute a warrant for a male.

They allege a man resisted arrest and brandished a knife, and because they believed there were additional weapons in the home, they withdrew and contained the suspect and another individual inside the residence.

After nearly four hours, both men surrendered to police without incident.

They were each charged with assaulting a peace officer and resisting arrest, while Fulljames alone was charged with uttering threats to cause death.

The stayed proceedings may be recommenced by the Crown within one year.