David Ernest Friesen, 66, was found guilty of exposing his genitals to a teen at a Penticton playground. (Facebook photo)

South Okanagan man sentenced for flashing teen in public park

David Ernest Friesen, 66, was sentenced at the Penticton provincial courthouse

A man who flashed a teen in a Penticton park said “with the help of God and electronic monitoring,” he hopes to be able to not re-offend.

David Ernest Friesen, who has been behind bars since Oct. 14, 2018, will have to serve another 66 days in jail before he will be released.

After several court appearances for his sentencing, due to concerns about the public’s safety because Friesen had not established where he would be residing, the decision about his release came on Thursday in Penticton provincial court.

READ MORE: Judge said Penticton man’s moves were ‘straight out of sexual predator’s playbook’

“The lack of a fixed address is concerning and poses challenges for monitoring Mr. Friesen when he is released … the challenge for me is that without a suitable residence I cannot, as part of probation order, require Mr. Friesen be electronically monitored,” said Koturbash.

In March, Judge Gregory Koturbash called the incident something ‘straight out of a sexual predator’s playbook’ when he found Friesen, 66, guilty of exposing his genitals to a person under the age of 16, committing an indecent act in a public place and two counts of breach of probation.

Earlier this month, Koturbash adjourned the sentencing proceedings after Friesen addressed the court. At that time, Friesen continued to blame the victim and made a “strange” comment about replacing his affection for children by getting a puppy.

Koturbash ordered the information from a previous conviction be available to the court before a decision was rendered. The judge noted that Friesen, who was diagnosed with bi-polar disorder 40 years ago according to his defence counsel, seemed in need of “serious psychiatric assistance.”

Friesen had previously been convicted of similar charges for exposing himself to a woman at the Penticton library in 2017, and breaches for taking photos of people at a beach, but it was the details around a conviction in 2009 in Kelowna that the court wanted to hear.

READ MORE: Penticton man who flashed a woman and her kids sentenced

Crown counsel Nashina Devji said Friesen was working as a care aide for a 14-year-old boy who had autism at the time of the offence. Friesen took the boy to his sister’s house over Christmas and when he pulled Friesen’s young nieces hair, he assaulted the boy for several hours. During which, he flicked the boy in the face, put his hands around the boy’s throat, kept him outside in the cold for an hour, applied a chokehold to him, banged his head on the deck and used his palm to push the boys nose back. Devji said Friesen cut his hand during the assault and rubbed blood in the boy’s face.

Defence counsel James Pennington said Friesen is a product of a failed system where they do not provide the support for someone who has chronic bi-polar and where prescribed medication doesn’t always work as it should.

“Understaffing and sufficient specialized facilities and limited programs leave prisoners without the treatment they need. In the case of Mr. Friesen, he has been in custody for almost a year now, although he has been given his medication on a regular basis he has not received any other form of treatment,” said Koturbash.

The judge said he was left with limited options.

“Although firmly convinced that Mr. Friesen needs to be instutitionalized in a psychiatric hospital for his benefit and the benefit of the community, I am not vested with such powers to make such an order. Instead, I am left with the singular option of warehousing Mr. Friesen in an effort to ensure the public remains safe.”

Friesen was sentenced to 15 months in jail, and with credit for time served he has 66 days remaining. Friesen will be on a 24-hour curfew while on probation, is not allowed to own a pet (unless approval is given from his probation officer), and he is also under the Sex Offender Information Registration Act for life.

To report a typo, email: editor@pentictonwesternnews.com.


@PentictonNews
newstips@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

West Kelowna transmission line delays frustrating for council

Plans to twin existing transmission line from Merritt appear to be too costly

West Kelowna winery’s Festival of Trees returns

The fundraiser for the B.C. Children’s Hospital Foundation will return for a third year Nov. 22.

New era for West Kelowna Warriors with new ownership, management and culture

The Warriors’ revealed the team’s new president and outlook for remainder of the season

World’s largest Indigenous tourism conference hits Kelowna

The Syilx, Nlakápamux and Secwépemc Nations are hosting the 2019 IITC

Canadian Mental Health Association launches Kelowna initiative to improve workplace mental health

Known as “Thoughtfull” the initiative aims to work with employers to create a healthy workplace

VIDEO: Canadian allergists’ group wants Benadryl behind the counter due to side effects

Some doctors say the medication is over-used because of its easy availability

Vancouver Island soap company releases Lucky Lager beer soap

Beer-infused olive oil soap comes out just in time for holiday shopping

Jagmeet Singh says he’ll vote against throne speech if NDP requests not met

Singh is to meet with Prime Minister Justin Trudeau on Thursday

Community uses loophole to paint 16 rainbow crosswalks after B.C. council says no

So far 11 rainbows are painted and five planned, all since council denied the first proposal in September

Workers’ camp at LNG facility in Kitimat takes shape

Extensive worker camp now being assembled

Former B.C. youth pastor guilty on one of five sexual assault allegations

Judge cites reasonable doubt in finding Cloverdale couple not guilty of majority of charges

238 and counting: Vancouver gelato shop sets Guinness World record for most flavours

Vince Misceo has come up with 588 different flavours over the decades

Salmon Arm pilot takes part in Remembrance Day flyovers

Hamilton McClymont and other pilots pay aerial tribute at several North Okanagan-Shuswap ceremonies

Killer who fled to Taiwan day after shooting B.C. man over $80 sentenced 13 years later

The sentence comes 13 years after Shaoxin Zhang, 19, was killed in a Burnaby parking lot

Most Read