Accused threatens to sue the Crown

By Jeremy Appel on September 6, 2018.

jappel@medicinehatnews.com @MHNJeremyAppel

A man arrested in late August after a three-hour standoff with police that ended in his being pepper sprayed is threatening to pursue civil action against the Crown prosecutor for what he calls his “unlawful confinement.”

David Marthaller, 40, appeared Wednesday in Medicine Hat Provincial Court via CCTV from the local remand centre. He has refused legal counsel.

“He doesn’t appreciate my advice, so there’s no point in him talking to me,” duty counsel said prior to Marthaller’s appearance.

Marthaller demanded to know the name of the Crown prosecutor for his purported lawsuit, which he said he’s pursuing through a Calgary-based lawyer, whom he didn’t name.

“I have to give my name. Why won’t you give yours,” demanded the accused.

There is no single Crown prosecutor assigned to Marthaller’s case, Judge Brand explained before adjourning the case to Sept. 11.

On Aug. 19, police were called to an island on the South Saskatchewan River to respond to a dispute between two men living in tents near Strathcona Island Park.

Marthaller is alleged to have threatened the other man with a knife. After a lengthy standoff, the Medicine Hat Police Service Tactical Team was called in, subduing the accused with pepper spray.

He faces one charge each of possession of a dangerous weapon, possession of a prohibited weapon, possession of stolen property under $5,000 and uttering threats.

This isn’t Marthaller’s first time in legal trouble.

He was one of a dozen people arrested by Alberta Law Enforcement Response Team and MHPS in 2015, when they seized $18,000 worth of cocaine and methamphetamine.

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