UPDATES (Day 3): Coutts blockade supporter's trial
James Sowery is accused of driving his car towards RCMP officers at a checkpoint near the blockade before changing course at the last moment.
Last year, as the Freedom Convoy protest happened in Ottawa, another like-minded protest sprung up at the Coutts, Alberta-Sweet Grass, Montana border crossing.
There, protesters shut down the Canada-U.S. border crossing with a peaceful demonstration demanding an end to COVID-19 restrictions and mandates.
As the federal government began to invoke the Emergencies Act, the Coutts border blockade was brought to an end after a small group of the protesters were arrested on serious allegations by the RCMP.
One individual detained in the Coutts protest was James Sowery, who is accused of speeding at officers near a checkpoint close to the blockade. Sowery is being represented by The Democracy Fund, a registered Canadian charity. To support his legal defence with a tax-receipt eligible donation, visit TruckerLawyer.ca.
For more on the background of this story, watch Syd Fizzard's report from day one of the trial. For updates from day two, click here:
Over on Twitter today, Syd will be providing live updates from day three of Sowery's trial. You can follow along via his account or through the embedded tweets below:
Jury is now seated for Sowery's trial, though the day is concluding, jurors asked to come back for 10:30, around 2pm judge expects to give his final instructions before the jury's deliberations begin, jury is now out for the day.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Evidence portion of trial has concluded, adjourned 15 min.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Prosecutor suggests that Sowery was angry with RCMP, their handling of protests, and that Sowery was sending a message as he drove by the checkstop & officer. Sowery says otherwise "there was never an issue"
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
'I was shaking hands with other officers'
MORE: https://t.co/3nOegwwbbV
The same one who asked on the radio whether or not they(RCMP) should go after Sowery.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor asks Sowery about the 'deputized pylon', saying Sowery assumed the assault charge was against the pylon, later identifying that he found out it was the RCMP officer who the assault charge was in relation to.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery saying how you can't see 10ft in front of you with the truck he was using during the incident, highlights that big trucks don't have that visibility. Prosecutor saying Sowery wanted to be aggressive by way of his lane positioning on the highway.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor asks about the hand gesture by the cop again, keeps wondering why the hand wave looked like a hand wave and not an instruction. Now saying Sowery was "sending a message" to cops by speeding up, a power & control move the prosecutor suggests...
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor suggesting Sowery was upset about leaving the protest, Sowery agrees he was upset because he had to leave the happiness, tears, and new friends, so that he could go back to work.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery mentions how usually officers will use specific hand motions or visual signifiers and that what he saw looked more like a wave goodbye.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
'Just before I got up to him is when he got out of his car', prosecutor asks Sowery about the location of the officer as Sowery drove by.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
"There was nothing against the police officers" Sowery highlights the peaceful intentions of Coutts supporters. Says when he left he figured cops would be happy to see him leave, that the checkstop didn't look as such "No indications of a check stop", just a cop in their vehicle.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery says he wanted to do his pre-trip check away from the protest site b/c the demonstration zone wasn't a good environment to do so. Police check stop wasn't the core reason for his stop he says, but saw the cop cars and figured to stop before so to complete his pre-trip.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
'It felt like they were not police officers they were like anyone else' Sowery says, as the prosecutor pushes Sowery on the 'tensions' that may have been felt.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Prosecutor asks about Sowery's truck, "freedom" and "oh canada" were sprayed on it. Also Sowery mentions an incident of seeing an officer pull someone out of a truck unduly, but "it was very peaceful everyone got along" says he believes in law enforcement enforcing the law.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor asks while Sowery was doing his inspection/logs, if he saw the officer, "any time I looked up he was in his vehicle"
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor asking Sowery about speeds he would drive (in his work truck) when passing construction sites and emergency vehicles, Sowery highlights that he reduces speeds and pays attention to designated signage.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor asking Sowery about intentions at the blockade, suggesting his bringing firewood would have made breaking the fireban in February easier to do for demonstrators.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery's trial continues.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Jury has left the room, lunch break imminent.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Prosecutor asking about the tightness of the pylons on the road, and trying to get Sowery emotionally charged, now asking if an adjournment needs to be called for Sowery to emotionally recover. Judge questioned this approach, asked prosecutor if he's asking for an adjournment.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor asks about the use of Sowery's truck, roads, difficulties, iceroads, etc. Sowery suggests that pylongs get hit all the time on construction sites. Prosecutor asking about the distance of cones on the road, and and the lane Sowery decided to use.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor trying to suggest that Sowery didn't mean it when he said sorry to the officers, trying to probe Sowery by having a back and forth about tensions and emotions trying to paint Sowery as being angry, Sowery says he didn't feel this way, was sad to be going home/arrested.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery says he said sorry to the arresting officer, he wasn't sure why, but the cop had drawn his weapon on Sowery. Sowery said sorry again in the police car, unsure why but he felt the situation called for it.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery says he stopped short of the checkpoint to do his pre-trip check, Prosecutor says Sowery should have done that before this stop.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery says he got down on his knees when he was stopped by police, prosecutor asks why he got on his knees. Sowery says he wasn't sure what was going on but heard there were larger things happening in the area, decided to exit the vehicle and assume the arrest position.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Instantaneously Sowery decided to stop because of the noise made as he passed the checkstop, and saw officer lights the same time.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Prosecutor asks Sowery if he intended on heading to Coutts, Sowery says no, just Milk River. Sowery asked about where he put the wood, in the midway of the highway in the demonstration area.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery clarifies that he did hear some noise but wasn't sure it was the pylon, states the truck makes all sorts of noises.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery clarifies that he did hear some noise but wasn't sure it was the pylon, states the truck makes all sorts of noises.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery identifies the area of his truck (in a photo) where he thinks the pylon hit. Sowery heard the pylon get hit and started slowing down immediately (~500m to come to full stop), then saw the police lights.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Sowery speaks to how long it takes to get the 50,000lb truck up to speed, roughly close to a km, and in his 18 gear truck he would need to get to the 18th to hit 100km/hr.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery was then unable to complete the job he got called for.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery says he had no indentions on harming anyone.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Sowery says he thought the officer, who got out seconds before Sowery passed by, was waving goodbye not waving him down, as he didn't recognize the police vehicles were representing a check stop.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
After waving at the officer Sowery says he accidentally clipped the pylon, he continued down the road, looked in the mirror and saw red & blue lights and pulled over. He then pulled over and prepared to be arrested. He wasn't sure the purpose of the police cars at first.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery mentions before he approached the police vehicles, the checkstop, he did a pre-trip check of his vehicle as he is legally obligated to do. Once he started driving toward the check point, says officer was in vehicle.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery was parked for 5 days after arriving at Milk River demonstrations. Sleeping in his truck (which isn't fitted for a bed). Sowery got a call for a job, and decided he had to depart the demonstration area on Feb 14. He hadn't left since arriving.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
Sowery says how there was a fire ban near the blockade, in February, so he loaded his truck with firewood and drove 4 hours to deliver it, he made this trip on Feb 9.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Sowery speaks to where he lives, how he works on the oil fields, drilling, heavy equipment, moving heavy equipment, mentions his hydrovac vehicle used on the 14th. 18 gear vehicle needing class 3 licence, Sowery has class 1.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Jury's now coming back, trial of James Sowery to continue, the defence has now asked Sowery to take to the stand.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/3nOegwwbbV
Prosecutor asks 4th RCMP officer about distances and sizes of objects & people in question.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
4th RCMP officer is now done, morning adjournment is to begin momentarily.
MORE: https://t.co/FgSvcLfPNy
Defence suggests a regular wave was given, officer agrees-ish, says people understand to come up to his hand (to stop at the checkstop). Talks about hearing pylon get hit, was concerned his own RCMP vehicle may have been hit, and move towards him.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
Defence asks about the hand gesture, officer forgets reason for hand gesture, talks about how it happened fast and that he had to move out of the way, and grabbed his radio.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
Defence suggests that the 4th RCMP waved or made a hand signal to Mr. Sowery as Mr. Sowery passed by, officer confirms. Defence asking about the speed, suggests 60-65km, officer estimates 80.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
Defence asks the 4th RCMP witness to confirm the location of the pylon which was damaged, he suggests it was originally very close to the location in the photo, which was taken shortly after the incident.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
4th RCMP witness says at the time he realized Sowery wasn't going to stop, and proceeded to pass by, he turned his body away from the truck.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
4th RCMP witness says he wasn't outside of his vehicle very long before Sowery passed him. Doesn't know how long, but it was roughly somewhere around 10 seconds, possibly 3-4 seconds.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
4th RCMP witness now speaks to the distance of Sowery based on signs in a photo being presented to the jury. This photo is of the highway, and shows the pyolon Sowery hit (which is in the middle of two lanes).
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
4th RCMP witness speaks to how positive his interactions were with people going through the checkstop. Even being offered coffee by supporters who brought supplies to demonstrators.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
Sowery's defence asking 4th RCMP witness about a threat to the area on the 14th, concerning someone suicidal who would have been approaching from the north, potentially with weapons. This changed RCMP tactics that day.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
MORE: https://t.co/FgSvcLfPNy
Day 3 of James Sowery's trial is set to begin momentarily. This Coutts blockade supporter was charged with dangerous driving and assault with a weapon after hitting a pylon with his truck near Milk River.
— Syd Fizzard 🍁 (@SydFizzard) March 22, 2023
To see what you missed check the link below!https://t.co/lFC4AxhR0U
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