The Chronicle Herald (Provincial)
‘I will never feel safe again’
South Shore man pleads guilty to charges of assault, misleading police
Susan Oickle is thankful she had the presence of mind to turn on the audio recorder on her cellphone when her former common-law husband, Rick Fancy, stormed into their Lunenburg County house on the afternoon of July 23, 2020.
The pair, who had recently split up after more than 16 years together, had just completed a meeting at the Hebbville home about dividing their assets.
That meeting “did not go well” and Fancy was upset, a Crown attorney said Monday in Bridgewater provincial court. Fancy pushed his ex against the wall during an argument and then excused his behaviour by saying he had slipped.
“That's it, that's it!” Oickle exclaimed before walking out of the house. As she left, she could hear Fancy yelling that she had hit him and that his arm was injured.
She got into her car and drove away, parking down the road to call 911 to report that she had been assaulted.
But Fancy had called 911 first, claiming he was the victim and that Oickle had struck him with a vase, injuring his left arm. When paramedics and RCMP arrived at the house, the retired soldier had a visible injury on his arm that he said had been inflicted by his ex.
Oickle, still in her vehicle down the road, was arrested for assault with a weapon and transported to the RCMP detachment in Cookville. She was photographed, fingerprinted and spent about four hours in custody before she was released without being charged.
Fortunately for Oickle, the recording on her cellphone proved Fancy was lying.
Richard Allister Fancy, 60, who now lives in Liverpool, was supposed to stand trial Monday but pleaded guilty during a virtual proceeding to charges of assault and committing public mischief by misleading police.
Judge Paul Scovil accepted a joint sentencing recommendation from lawyers for a conditional discharge with 15 months' probation.
“The Crown and the public at large have very serious concerns (about) the matter before the court,” prosecutor Keavinmathieu Gallant Finnerty said in his submission.
“The false statement which Mr. Fancy provided to the RCMP led them on their investigation and caused the real victim here ... to spend time in custody. That's not an experience anyone should be put (through), let alone a victim of domestic violence.”
He said the false statement also tied up police resources at a time when a manhunt for fugitive Tobias Doucette was underway in the Bridgewater area. Doucette, who allegedly assaulted his common-law spouse before stabbing a police officer, was on the run for more than five days before he was arrested in Hebbville on July 26.
Oickle told the court she has lived in constant fear since she was assaulted by Fancy and is always worried she will see him when she goes out in public.
“I live behind locked doors and a security system,” she said in a victim impact statement. “My family is afraid for me. I have to answer phone (calls) or texts promptly or they worry.
“I was arrested for something I didn't do, because he lied. I had my freedom taken from me (and) sat in a jail cell for hours, not knowing why or for how long I would have to stay there, until I could tell police what happened.”
Oickle said she carries a panic button and dog spray everywhere she goes, even if she's out in the yard.
“I will never feel safe again,” she said. “I don't sleep well, always thinking, ‘What if I hadn't been able to prove I didn't do anything wrong? What if? What if?'
“I'll never trust anyone again like I trusted him.”
The court was told Fancy is a veteran of the Canadian Forces and has post-traumatic stress disorder from his service in Bosnia. Defence lawyer Shawn D'arcy said his client is seeing a psychologist and is on medication.
“The probation period is a significant period of time,” D'arcy said. “Mr. Fancy continues to work towards getting his health back.”
“I just want to apologize for what I've done,” Fancy said. “It's not who I am, and I'm sorry to everybody who's involved.”
The judge said the "most troubling aspect” of the case was Fancy's false statement to police.
“That is very troubling,” Scovil said. “I can tell you, if the Crown wanted to have a greater sentence, it probably would have been appropriate.”
He ordered Fancy to perform 20 hours of community service while on probation and prohibited him from possessing weapons, having any contact with Oickle, or being within 10 metres of her home, workplace or church.
Fancy also must participate in counselling for mental health, anger management and intimate partner-related violence intervention and prevention, as directed by his probation officer.
If he successfully completes his probation term, his convictions will be discharged and he will not have a criminal record. A charge of property mischief was dismissed.
In November 2014, Fancy wore military decorations he hadn't earned — Afghanistan and Somalia medals and paratrooper jump wings — to the Remembrance Day ceremony at Halifax's Grand Parade. He was a master warrant officer in the Halifax Rifles reserves regiment at the time.
Fancy pleaded guilty at a court martial in May 2016 to three counts of conduct to the prejudice of good order and discipline. He was fined $300 and reduced in rank to warrant officer.
In March 2017, the Governor General's office stripped him of his membership in the Order of Military Merit, which he had received the month before the Remembrance Day incident.
Contacted by The Chronicle Herald after Monday's hearing, Oickle said she believes Fancy should have gotten jail time for what he did to her, but she's pleased the case is over.
“If this can save one other person from being victimized, I'll be happy,” she said.
Oickle has been a registered nurse for almost 46 years. She retired last year but has returned to work to administer the COVID-19 vaccine.
“My favourite saying now is I'm footloose and Fancy-free,” she quipped.