A Summerland man who wielded a machete and terrified a married couple living next door to his mother and then engaged in some horrific driving following that incident will remain in jail for another three-and-a-half months, on top of the 287 days he’s already spent in custody since his arrest on these charges.
The incident took place on Sept. 24 of 2024 and court heard Joshua Butler chased the couple while yielding a machete and cried out “die, die, die” while chasing them.
Butler, 39, through his lawyer Paul Varga, has asked to be released after serving more than nine months in custody, however, Justice Lynett Jung said agreed with Crown attorney Ann Lerchs that an 18-month jail sentence was appropriate.
At Monday’s sentencing hearing at the Penticton Courthouse, Butler was given credit for 431 days of time served - 1.5 days for each day served in pre-trial custody - meaning he still has 109 days to serve before he will be released.
Court heard there was a brief argument between Butler and his neighbours over an Amazon package and he ended up wielding a machete and threatening serious harm to the married couple who lived next door to his mother’s home in Summerland.
The victim impact statements from the husband and wife clearly demonstrate how afraid they were and how afraid they remain of Butler as a result of this incident, said Lerchs.
“Our world turned upside down,” he said in his statement.
The man was in fear of what could have happened and remains in fear of this accused, said Lerchs.
The woman said she suffers nightmares over what happened and hopes Butler “removes hate” from his heart and replaces it with an opportunity to turn his life around and lead a productive life, she said.
She and her husband remain fearful of Butler because of what happened, said Lerchs.
Lerchs informed the court that Butler has 13 criminal convictions, four under the Motor Vehicle Act, including one conviction for sexual assault against an intimate partner, where he received an 18-month jail sentence.
Butler returned to the Summerland area in 2021 after spending roughly 14 years in Alberta, where he was convicted of the sexual assault, she said.
Lerchs told the court that Butler, by all accounts, had a good and ordinary upbringing living in Summerland and returned to that area after spending more than a decade in Alberta.
There was some evidence that Butler may have experimented with methamphetamine the day he acted out against his mother’s neigbours with the machete, said Lerchs.
Butler has remained in custody since his arrest on these charges and while he has shown a willingness to accept certain programming, he has maintained his innocence on these charges and doesn’t believe he suffers from any substance abuse issues, she said.
When dealing with inter-personal relationships, it’s clear that Butler suffers from poor impulse control, she said.
“He does not acknowledge any of what occurred essentially,” said Lerchs.
Reports indicate that Butler feels threatening two people with a machete, then driving like a maniac after that incident was justifiable in his mind, said Lerchs.
Reports also indicate the Butler has a “grandiose” vision of himself and perpetually plays the victim whenever things don’t go his way in life, she said.
“He has an elevated sense of himself and is always the victim,” she said.
While a psychiatric report indicates no evidence of mental health challenges, Butler does suffer from a significant narcissistic personality disorder, which he refuses to acknowledge or accept, she said.
He also refuses to accept that he suffers from substance abuse issues and abusing alcohol and drugs often ends with him getting in trouble with the law, she said.
The same psychiatric report indicates Butler does not have any remorse whatsoever for his actions relating to the threats with the machete and dangerous driving that followed, said Lerchs.
“There are no mitigating factors,” she said.
The pre-sentence report and psychiatric report presented to the court are all negative and indicate Butler has no insight into how dangerous his actions were and how much fear they caused to his victims, said Lerchs.
Varga said the 287 days spent in pre-trial custody have been very difficult for his client and he asked he be released on strict bail conditions.
Butler is the father of three children and his two youngest are living in this area and he wants to get involved in their lives as soon as he’s released and become a role model for them, said Varga. His oldest son, 18, recently moved to Edmonton and he would like to visit him and become a big part of his life as well.
His father is also in poor health and he would like to assist him as much as possible once released, he said.
Because his mother’s house is located right beside the neighbours he threatened, he agreed it would not be a good idea for him to be allowed to live with her, said Varga.
His client plans on returning to work on oil rigs once he’s released from custody, he said.
Butler does not admit guilt in relation to the machete incident and bad driving, but that should not affect the punishment meted out by the court, which Jung stated she completely agrees with.
Jung said she could not agree to a sentence less than 18 months and imposed the additional 109 days behind bars and two years of probation with strict conditions.
“These offences are serious,” she said.
The driving following the machete incident was “absolutely, objectively dangerous” and could have turned out much worse than it did, she said.
The fact Butler’s previous sentences include a conviction for the violent crime of sexual assault “gives the court great concern,” she said.
It’s her hope that Butler will complete his sentence, get the help he needs, maintain a good and productive relationship with his children and stay out of trouble with the law, said Jung.
During two years of probation, Jung is not to have any contact with the husband and wife and three other witnesses who testified at trial.
He’s not to consume any drugs or alcohol for the full two years of probation, not possess or own any prohibited weapon, sharp-edged knife of machete and he must also submit a DNA sample for the national crime data bank.
When given an opportunity to address the court, Butler declined.
