Trout River man harassed another man for about a year

Lowell Brake sentenced to 90 days in jail to be served intermittently

CORNER BROOK — A Trout River man who believed his former partner was having an affair with another man has been sentenced to 90 days in jail after being convicted of criminal harassment and assault.

Lowell Lemuel Brake, 53, will serve his sentence on an intermittent basis.

His sentencing took place in provincial court in Corner Brook on Wednesday, July 6.

In his written decision, Judge Wayne Gorman said the reasons for Brake’s belief have never been explained, but because of it he harassed the man for almost a year, from Dec. 9, 2019, to Oct. 24, 2020.

On Dec. 9, 2019, Brake approached the man, who was sitting in his vehicle, and said, “You are going to pay for what you have done.” He then challenged the man to a fight.

On June 22, 2020, he again challenged the man to a fight, and on July 16, 2020, he approached the man, raised his fists and challenged him to fight.

The man never accepted any of Brake’s challenges.

On Oct. 24, 2020, the man and his daughter were sitting in his parked vehicle when Brake drove by. Brake stopped his vehicle in front of the man’s vehicle and got out. He walked over to the driver’s side door and threw a punch through the open window, striking the daughter, who had been driving.

In his pre-sentence-report interview, Brake said it was dark and he thought he was hitting the man.

Gorman said that seemed unlikely. While it was dark, Brake parked in front of the vehicle and walked up to the driver’s side window, which was open.

Gorman expressed his misgivings concerning the explanation at the sentencing hearing. Brake, who entered guilty pleas to both charges, did not testify or present any evidence to support his suggestion that he thought he was striking the man.

The daughter took photographs of her injuries that showed blood smeared on her face and a large egg-shaped bump on her forehead.

In his victim impact statement, the man said he feels very uncomfortable due to the matter.

He said he seldom goes out in the town and stays at home and in his shed a lot more.

“I no longer go out for a drive because I feel he will be following me.”

He also said he has trouble sleeping and the situation causes a lot of stress.

“I am most of the time now watching over my shoulders and back. I am very frightened.”

The man said he installed video cameras around his house and property for protection.

In forming his decision, Gorman said the charges are very grave, and Brake has a criminal record that includes a prior conviction for assault.

As for mitigating factors, he did note Brake’s guilty pleas, that he is employed full time and has on his own initiative sought and attended counselling.

Brake completed an angermanagement course, during which he admitted he was at fault.

The sentence will allow Brake to keep working while being proportionate, said Gorman.

Brake will be subject to a one-year probation order after completion of his sentence. He was also ordered to pay a total of $200 to the court in victim fine surcharges.

In his pre-sentence-report interview, Brake said it was dark and he thought he was hitting the man. Gorman said that seemed unlikely.