Fort St. John man banned from city for stalking ex-fiancé

NOTE: Energticcity.ca has chosen not to include the victim’s name despite it being in the judge’s reasons for sentencing report.

FORT ST. JOHN, B.C. — A  Fort St. John man has been banned from coming within 50 kilometres of the city following charges related to stalking his ex-fiancé.

Dustan Olof Sweder appeared in William’s Lake Law Courts for sentencing on September 28th, 2023, and details behind the ruling were released last week.

Sweder was charged with a breach of a probation order along with breaking and entering and committing an indictable offence, which occurred on February 9th, 2023.

He broke into the victim’s workplace overnight, moved her items around and left notes and hand-drawn pictures depicting Sweder and her together.

Judge Oliver Fleck sentenced Sweder to two years less a day in prison, but he was credited for jail time served, leaving him with 405 days remaining.

Sweder was also given a probation order of three years to follow his prison sentence, which included a condition to not be within a 50-kilometre radius of Fort St. John.

Other probation conditions included reporting to his probation officer, appearing in court when requested, no contact with the victim and no alcohol or drugs.

Fleck said Sweder and the victim were in a relationship for eight years before breaking up in August 2022, and he has not accepted that the relationship is over despite initiating the split.

According to Fleck, Sweder was arrested for assault against the victim on August 11th, 2022, and subsequently placed on a release order with a condition to not have any contact with her.

Sweder violated the condition a few weeks later, on August 29th, 2022.

Sweder criminally harassed the victim by placing approximately 75 posters in public places around Fort St. John on September 7th, 2022, containing messages for the victim to reconcile with him. 

On October 6th, 2022, due to criminal harassment and breach of release order offences, Fleck said a judge ordered Sweder to have no contact with the victim.

The following day, October 7th, 2022, he breached that order by sending six letters to the victim from Prince George Regional Correctional Centre and was convicted of disobeying a court order.

For the offences committed from August to October 2022, Sweder was sentenced to a total of 104 days in jail and probation, and the assault charge was stayed.

A stay means to stop the proceedings, according to the Legal Information Institute.

Fleck said due to these charges, Sweder spent most of fall 2022 in custody, so when he was sentenced in January 2023, he had credit for time served and was released on probation.

The probation order contained conditions not to contact the victim or go to her workplace.

Fleck said Sweder breached the probation order again two days later, on January 14th, 2023, by calling the victim from Prince George.

In this phone call, Sweder threatened suicide.

He was arrested again for the offence and, on February 7th, 2023, was sentenced to 38 days in jail and probation. He was again released with time served two days before the latest breach of probation and break-and-enter offences occurred.

Fleck said Sweder also had previous legal matters involving harassing his ex-wife’s lawyer and damaging his employer’s truck.

In describing the personal circumstances of Sweder, Fleck said he lived in Fort St. John for many years and owns a home within the city.

The psychiatric risk report details alcohol and substance abuse, depression, suicidal ideation and suicide attempts.

Dr. Farstad, the risk assessment report writer, said Sweder is likely to commit harassing behaviour again because “of his strong need to explain himself and to feel heard and understood.”

Fleck said though the offences are break and enter and breach of probation, the nature of the violations must be considered aggravating factors.

According to the Legal Information Institute, an aggravating factor refers to circumstances surrounding a crime that raise its severity and punishment.

“The break and enter of [the victim’s] workplace was only the last in a series of offences that targeted [the victim’s] emotional wellbeing,” Fleck said.

The judge said though it is true the offences were not violent, they still carry a significant psychological impact.

“[The victim] reports that the break and enter had a significant effect on her.  It disturbed and horrified her, and that culminated in physical effects, such as feeling like she could not breathe,” Fleck said.

He said another aggravating factor is Sweder’s lack of insight into how the offences are impacting the victim, though he did express remorse.

Fleck said Sweder explained his actions as romantic and wanted the victim to understand him.

“This attitude betrays a view that the only form of violence is physical violence,” Fleck added.

The only mitigating factor Fleck acknowledged was Sweder pleading guilty early in proceedings.

A mitigating factor is any fact or circumstance that lessens the defendant’s severity or culpability of an offence, according to the Legal Information Institute.

Fleck did acknowledge Sweder’s mental health and substance abuse struggles. 

He believes that because the pattern of offending has gone over many months, several arrests, court-imposed conditions and time spent in custody before reoffending, the behaviour has not been deterred by the justice system thus far.

These reasons are also why Fleck imposed the law to the furthest extent he could and a longer-term and more in-depth probation order once Sweder is released.

“Although Sweder’s early guilty plea may have entitled him to some mitigation of sentence in other circumstances, I find that whatever mitigating effect flows from the guilty pleas, in this case, is overwhelmed by the need to protect [the victim],” Fleck said.

Further details on Sweder’s probation conditions and Fleck’s decision can be found on the Canadian Legal Information Institute website.