A B.C. man who was found guilty of dragging a Leduc peace officer with his vehicle will have to wait until the fall to learn the court's decision on his appeal from his sentence.
David Foxwell, a realtor from Langley B.C., was in Alberta on Dec. 15, 2021, attempting to be reimbursed for financial assistance he had given, however the woman didn't show up to meet him.
According to testimony given by Foxwell during his trial, he felt embarrassed about the situation and had four drinks that evening.
He stated his mental health was "really bad" at that point. He had been diagnosed with depression and the incident had made him feel "even lower."
During the trial, a video and audio recording of the interaction between Foxwell and Leasa was entered into evidence.
Cst. Jason Leasa testified he saw Foxwell's vehicle, a rented Hyundai Electra, drive through a stop sign and that he didn't see brake lights, so he followed the vehicle and initiated a traffic stop.
The Hyundai eventually came to a stop at the red light at Discovery Way and 50 Ave.
When the officer got out his vehicle, the Hyundai was not in park and kept inching forward.
In his testimony, Foxwell agreed the officer had asked him to place the vehicle in park several times and he didn't comply.
After Cst. Leasa asked for a breath sample, the Hyundai started moving forward.
In an effort to stop the vehicle, Leasa reached through the open window and grabbed the steering wheel, and the car continued to travel down the road at around 40 kilometres per hour, dragging Leasa for about 200 metres.
Leasa testified he sustained shoulder strain and severe bruising to his forearm, right armpit and upper rib cage area and his ring finger dislocated briefly. He also said he suffered mental trauma from the incident.
Foxwell stated he had no intention of hurting Leasa as he hadn't noticed he was on the side of his car. He said he continued driving in order get out of the intersection and pull over on the other side of the road.
During his testimony, Foxwell also stated he was frustrated about being pulled over.
According to the agreed statement of facts, Foxwell refused to give his name, date of birth, and a breath sample multiple times during his arrest and later at the RCMP station.
When cautioned on the roadside, Foxwell's response to each question was "I just want to die."
Leasa decided to hold Foxwell for bail because it was a persons crime, there were numerous indictable offences, and the accused was from out-of-province. He completed the bail package and went off shift.
Although Foxwell was ultimately found guilty of six of the seven counts against him, the trial judge determined there had been a Charter of Rights and Freedoms breach due to how long Foxwell had been held in custody after he had been granted bail.
Justice G.A. Rice determined Foxwell had been held at the Leduc cells for about 22 hours after he had been granted release. The accused had also requested phone calls but was not permitted any.
Rice ruled there had been a breach under two sections of the charter, but due to the seriousness of the offences determined the breaches did not warrant a stay of proceedings and Foxwell was given a reduced sentence.
Foxwell was handed down a summary conviction on July 4, 2023 at the Leduc Court of Justice.
He was convicted of assaulting a peace officer, two counts of resisting a peace officer, dangerous operation of a motor vehicle, impaired driving, and refusing to provide a breath sample.
The charge of failure to stop at a red light/intersection had been dismissed earlier that year.
On Nov. 2, 2023, he was sentenced to a 16-month Conditional Sentencing Order, eight month's probation and fines totalling $7,150 (including victim fine surcharges).
"I find a sentence reduction and a formal denouncement will make it clear that overholding in these circumstances is unacceptable," Rice stated in his written decision.
The appeal was heard on Feb. 21, 2025 at the Wetaskiwin Court of King's Bench. (The Court of King's Bench can hear appeals that regard traffic and criminal summary conviction matters.)
Foxwell and defence attorney Evan McIntyre were seeking a judicial stay of proceedings from the conviction.
The Notice of Appeal, which was obtained by Black Press Media, states the trial judge erred in declining to stay proceedings after finding a serious charter breach and erred in finding Foxwell had intentionally applied force in order to find him guilty of assaulting a peace officer.
In his written decision, Rice stated he found Foxwell guilty of assault on a peace officer because he continued to drive for 200 metres down the road at about 40 km/hour after he was aware the officer was latched onto his vehicle and that he knew he was still required to stop.
"I find at that point he indirectly applied force to the officer by continuing to drive and did so for another 200 metres," said Rice.
"(This was) far beyond careless, negligent, or even reckless – this was intentional," he said, adding the officer's injuries were significant, constituting bodily harm.
The judgment on the appeal was reserved. The decision is scheduled to be given on Aug. 21, 2025, at the Wetaskiwin Court of King's Bench.
Foxwell previously served on the Fraser Valley Real Estate Board (FVREB) communications committee as well as the government relations committee and was responsible for FVREB’s ethics slogan “Excellence Through Ethics." (housefindbc.com)
"Mr. Foxwell does not serve currently on any FVREB committees," FVREB communications stated.
The BC Financial Services Authority (BCFSA) stated that Foxwell is currently licensed under BCFSA.
There are disciplinary proceedings against him alleging professional misconduct due to his convictions in Alberta, however, Foxwell requested the disciplinary hearing be adjourned pending the outcome of his appeal, BCFSA said in a statement.
The hearing is currently scheduled for May 5, 2025.
BCFSA stated if the allegations are proven after a disciplinary hearing, under the Real Estate Services Act, disciplinary action against Foxwell could include suspension, a penalty, or potentially the cancellation of his licence.
