100 Mile provincial court.

Accused claims self-defence in hitting man with ATV

Trial continues for Alan Gear, who is charged with assault with a weapon

A man accused of assaulting a property owner with his ATV claims he did so in self-defense.

Alan Gear testified in 100 Mile provincial court Friday that he was snipping a barbed-wire fence on Foothills Road in Lone Butte to get his ATV through on May 1, 2020 when he was confronted by property owner Roy (Tom) Nichol.

“He grabbed my shirt and he’s shouting at me,” Gear, 42, told Judge Michelle Stanford. “I tried to get him away from me. I spat in his face and pushed him away.”

Gear claims as he tried to get away, Nichol kicked him in the groin and ran after him.

“As I’m trying to leave, he runs beside my ATV and punches me in the face as I’m looking over at him,” Gear said during the second day of his trial. “I come to a stop. I’m in absolute shock that he has the nerve.”

Gear claims Nichol then ran in front of his ATV and he “hit the throttle.

“I gave him a little nudge with my quad and tell him to get out of my way.”

READ MORE: Trial starts for man accused of assault with an ATV

He said Nichol fell over and got up by grabbing the chainsaw on the front of his quad. Gear said Nichol then swiped the chainsaw and ran toward the fence. Gear said he “chased him down,” clutching the chainsaw by the teeth, before fleeing home. He returned later, he said, to smash a gate on Nicol’s property with his pickup truck.

“You were mad?” asked defense counsel George Wool.

“Quite,” Gear replied.

Crown Counsel Julie Dufour questioned Gear as to why he thought it was OK to cut a private fence.

Gear argued he thought CN had put up the fence to keep people out.

“You claim you didn’t know it was a private fence, you even admit you did a little mischief in cutting the fence,” Dufour said. “Whether it’s private property or not, it’s not your fence to cut, right?”

Gear said he was trying to protect young children, who might get decapitated by a cable in the fence.

“You didn’t cut it for anyone else but you, to get through, and it wasn’t your fence to cut,” Dufour said.

She also suggested Gear went after Nichol because he was angry.

“Not angry, maybe infuriated,” Gear said.

The trial continues.


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