Herbert Hildebrandt to testify in own defence at assault trial Wednesday

Ten months after Herbert Hildebrandt’s assault trial began in St. Thomas, Ont., it resumed Tuesday with witnesses taking the stand.

Hildebrandt, the son of Pastor Henry Hildebrandt of the Church of God in Aylmer, Ont. is charged with assault after allegedly pushing Jack Dykxxhoorn to the ground on Dec. 10, 2020.

Dykxxhoorn, 84, told CTV News he and his friends were having coffee at a farm house across the street from the Church of God on Imperial Road north of Aylmer, and decided to put a ‘Be Kind Wear a Mask’ sign near the church property.

He claims Hildebrandt drove his truck into the laneway of the farm house, confronted the group and pushed Dykxxhoorn to the ground, which resulted in cracked ribs.

Tuesday morning, Jack Brower took the stand as a witness for the prosecution. He was there at the farmhouse in the day in question.

When asked by Prosecutor Stephanie Venne what happened that day, he described what he saw.

“A truck came in off the highway and I was driving to go out, and I had to stop,” said Brower. “Jack [Dykxxhoorn] walked out to find out why someone drove in and wouldn’t let him out. This guy [Hildebrandt] shoved him and he fell to the ground like a broken egg.”A sign that reads 'Be Kind, Wear a Mask' is seen Monday, Dec. 14, 2020. (Brent Lale / CTV News)

Brower said he was shocked at what transpired. “He just came up, shoved Jack on his chest like ‘bang,’” he said. “I remember him saying ‘I didn’t mean to hit you that hard.’’

Hildebrandt’s lawyer Lakin Afolabi cross-examined Brower questioning his testimony.

Following Brower, Walter Morgan, 81, was called to the stand for his recollections of the events on Dec. 10, 2020.

“I was locking up the farm house when I saw Mr. Hildebrandt drive in,” said Morgan. “Mr. Hildebrandt threw his phone on the dash, rolled up his sleeves, and confronted Jack. Then I told Mr. Hildebrandt he should “F--k off.”

He then said Hildebrandt confronted Dykxxhoorn, but Jack stood his ground.

“Mr. Hildebrandt kind of bumped him, and next thing I know he pushed Jack and he hit the pickup and then went down on the ground.”

Afolabi cross-examined suggesting Morgan and his friends put the sign there to taunt the members and congregants of the Church of God, and took a photo.

He also suggested that Hildebrandt acted in response to Dykxxhoorn bumping him first. 

Jack Dykxhoorn, 84, speaks in Malahide Township on Monday, Dec. 14, 2020. (Brent Lale/CTV News London)

After David Peter also took the stand to testify on behalf of Dykxxhoorn, the defence called Peter Hildebrandt — Herbert’s Uncle — and Church of God member Samuel Bergen, who said he was driving by the church that morning when he saw the confrontation.

Peter testified that after seeing the sign at the road, he called his nephew to come provide security during a tumultuous time in Aylmer.

He described what he remembered from the time Hildebrandt arrived at the farm.

“They started a very intense conversation [and I] could tell other man [Dykxxhoorn] was very upset,” says Peter.

“Herbert walked up close to him, and the man got into his face, and approached him and got in his face. Herbert just kind of resisted him. He tries to defend himself with open hands, and give him a defence push,” Peter added.

In cross-examination, Venne wondered why putting a sign out front of the church would lead Hildebrandt to feel his safety was in jeopardy.

Later, Bergen, 24, who owns a local business, would take the stand saying he was about 10 metres away from the altercation when it happened.

“The older gentleman [Dykxxhoorn] was swearing at him [Herbert], and coming up to him,” says Bergen.

“He [Jack] bumped him two times, and yelled into his face. Herbert moved his hands forward six to eight inches, and that’s when the older gentleman exaggerated, embellished the push, fumbled, and fell on the ground,” he adds.

He says he and Herbert walked up to Dykxxhoorn, and asked if he was ‘Ok’.

“He kept swearing at us, so we left,” he adds.

Day one of the trial began back on Oct. 22, 2021 with only Dykxxhoorn taking the stand.

At the end of the day Tuesday, Justice Mark Poland questioned the defence’s strategy of calling two witnesses ahead of the accused. He called it unusual to have Hildebrandt sitting in the courtroom hearing his fellow witnesses before he takes the stand.

Hildebrandt will testify as the final witness when the case resumes Wednesday morning.