Brutal and repetitive violent behaviour over the years warrants that the man convicted of aggravated sexual assault against a 77-year woman be declared a dangerous offender, the Crown said in Red Deer court on Monday.
Jesse Peter Toews, 27, was convicted of the July 29, 2009, crime after a trial in January 2011.
Crown prosecutor Anders Quist said during closing arguments of a dangerous offender and sentencing hearing that Toews was diagnosed as a psychopath with antisocial personality disorder by doctors who testified during the hearing.
Toews has a substantial risk to re-offend and requires 24-hour supervision, he said.
If declared a dangerous offender, Toews would be imprisoned indefinitely.
“Lesser measures will not adequately protect the public,” said Quist in Court of Queen’s Bench.
“The court can’t conclude he will be safe enough for community supervision at a certain time.”
Toews has three previous assault convictions, one uttering threats conviction and 12 breaches of probation.
Toews has total of about two dozen convictions as an adult, including a 15-month jail term for robbery.
During the hearing, court heard from witnesses who testified about another 29 unproven offences by Toews, including violent assaults, threats to kill or harm other people, and killing a kitten by throwing it against a wall.
Quist said Toews victimizes people who weaker than him with “hair-trigger” anger.
Toews, who was convicted of the violent rape of the elderly woman based on evidence that included DNA from semen found on the victim’s clothes, denies responsibility.
The victim, whose identity is protected under a court-imposed publication ban, was attacked from behind and assaulted while on her way to a nearby grocery store. She was on a secluded path in a bushy area just west of Gaetz Avenue and north of 67th Street before 10 a.m.
Quist said Toews acted with “savagery and a high degree of force” and the woman was left unconscious.
In a victim impact statement, the woman’s son said her head was cut open in the beating, she had two black eyes and footprints on her face.
He recalled the first time he saw her in the hospital.
“I wished I hadn’t peeked through the curtain to see my mother covered in blood,” said the son’s letter that was read aloud in court.
Toews left her for dead, he said.
His mother lived in terror after the attack. “I’m fearful, stressed and worried he’ll come back to hurt me for revenge,” said her victim impact statement, dated January 2011.
“I’m just so scared all the time.”
She was experiencing flashbacks and her family had to be careful not to approach her from behind so as not to frighten her.
Toews has been held in custody since turning himself in nine days after the attack.
Defence lawyer Arnold Piragoff will give his closing argument today.