Douglas Twiss, from Burwash Landing, arrives in court. Twiss is charged with attacking a Haines Junction man with an axe, uttering threats, and smashing the man’s car windshield. (Jesse Winter/ Yukon News)

Burwash Landing man cleared in axe attack trial

A jury found Douglas Twiss not guilty of assault with a weapon and uttering threats but guilty of mischief

A Whitehorse jury has found Burwash Landing man guilty Sept. 29 of mischief causing over $5,000 in damage, but cleared him of two other charges in relation a 2015 confrontation at his trailer that ended with him taking an axe to another man’s car.

A 12-person jury found Douglas Twiss, 59, not guilty of assault with a weapon — an axe — and uttering death threats, but guilty of mischief. The decision came after a half-day of deliberation following a four-day trial that began Sept. 25.

In a sentencing hearing the same day, Justice Stephen Kelleher gave Twiss a suspended sentence with six months’ probation, with conditions including keeping the peace, reporting to Haines Junction RCMP daily should he be in town, a no-contact order with Desjardins and his son and a $500 restitution to cover the cost of Desjardins’ insurance premium.

Twiss did not appear to react when a juror read the verdicts, but, after the jury left the room, he stood up, smiling, and shook his lawyers’ hands.

“I’m so wound up right now,” Twiss told reporters minutes later. “In fact, I feel like I’m about to cry.”

He added that he thought the jury did a “good job” with “deciding my fate,” and that he just wanted to spend time with his family.

The complainant, 59-year-old Gerard Desjardins of Haines Junction, was also in the courtroom for the verdict. He did not react as it was read out, but left the courtroom immediately afterwards.

Desjardins had testified during the trial that following a heated discussion at Twiss’ trailer about a woman, Twiss had threatened to cut his throat while holding putty knives before attacking him with an axe. Desjardins said the axe had cut the side of his right hand as he held his arm up to defend himself and that Twiss then took the axe to his 2011 Buick Regal, causing $6,800 in damage.

Crown prosecutor Ludovic Gouaillier had described the incident as having been sparked by a “love triangle,” a term, he said in his closing address, he regretted using because it “trivialized” the situation.

Whether it was “a love triangle or love circle,” though, isn’t relevant, Gouaillier said — whatever the background situation, it led to two men coming together to have an argument. Arguments of passion happen all the time, he continued, but what happened in this case crossed a line, and Desjardins’ testimony was “solid” and made sense.

“You don’t settle arguments with an axe,” Gouaillier said.

Twiss and his lawyer, Vincent Larochelle, however, told the court a different version of events had taken place, one where Twiss was acting in self-defence.

According to Twiss, Desjardins left the trailer following the conversation and started walking back to his car, but along the way, stopped and squeezed the handle of an axe in Twiss’ yard. Twiss said out of frustration, he grabbed a clothes iron and threw it into some nearby trees, at which point Desjardins turned around and started coming back towards the trailer.

Knowing he wouldn’t win a fist-fight against Desjardins — Twiss has one prosthetic leg and weighs 130 pounds compared to Desjardins’ 280 — Twiss said he grabbed a tray of drywall tools, including two large putty knives, and tossed them at Desjardins, who deflected the items with his right hand.

Twiss said that bought him time to get to the axe, which he started waving from side-to-side. Desjardins’ reaction, Twiss said, was to head towards Twiss’ truck where he kept tools that could’ve been used as weapons and so, knowing Desjardins was “materialistic,” smashed one of his car’s headlights with the axe to draw him away.

Twiss said it worked, and as Desjardins began walking back to his car, Twiss thought “fuck it,” and took the axe to the car’s hood and windshield.

Desjardins secretly recorded the entire interaction with an iPod tucked in his pocket, 23 profanity-laden minutes of which the Crown entered as evidence and which became central in both the Crown and defence cases.

In the clip, what starts off as a seemingly civil conversation quickly descends into a heated, insult-filled back-and-forth, with Desjardins accusing Twiss of sleeping with the woman in his bed and Twiss angry that Desjardins had told the woman he had Hepatitis C and was a “wife-beater,” claims he said aren’t true. Suddenly, there’s the sound of a scuffle paired with lots of swearing, with Twiss heard screaming, “You fucker! (I’ll) fucking cut your fucking throat!” while Desjardins screams back, “Fuck off, Doug!”

This story has been updated.

Contact Jackie Hong at jackie.hong@yukon-news.com

Burwash LandingYukon courts

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Premier Sandy Silver, left, and Yukon’s Chief Medical Officer of Health Dr. Brendan Hanley speak at a COVID-19 update press conference in Whitehorse on Nov. 19. On Nov. 24, Silver and Hanley announced masks will be mandatory in public places as of Dec. 1, and encouraged Yukoners to begin wearing masks immediately. (Crystal Schick/Yukon News file)
Masks mandatory in public places starting on Dec. 1

“The safe six has just got a plus one,” Silver said.

Dr. Brendan Hanley, Yukon’s chief medical officer of health, speaks at a press conference in Whitehorse on March 30. Hanley announced three more COVID-19 cases in a release on Nov. 21. (Crystal Schick/Yukon News file)
Three more COVID-19 cases, new exposure notice announced

The Yukon’s Chief Medical Officer of Health, Dr. Brendan Hanley, announced three… Continue reading

Yukonomist Keith Halliday
Yukonomist: COVID-19 strikes another blow at high-school students

They don’t show up very often in COVID-19 case statistics, but they… Continue reading

The Cornerstone housing project under construction at the end of Main Street in Whitehorse on Nov. 19. Community Services Minister John Streicker said he will consult with the Yukon Contractors Association after concerns were raised in the legislature about COVID-19 isolation procedures for Outside workers at the site. (Crystal Schick/Yukon News)
Concerns raised about alternate self-isolation plans for construction

Minister Streicker said going forward, official safety plans should be shared across a worksite

Beatrice Lorne was always remembered by gold rush veterans as the ‘Klondike Nightingale’. (Yukon Archives/Maggies Museum Collection)
History Hunter: Beatrice Lorne — The ‘Klondike Nightingale’

In June of 1929, 11 years after the end of the First… Continue reading

Samson Hartland is the executive director of the Yukon Chamber of Mines. The Yukon Chamber of Mines elected a new board of directors during its annual general meeting held virtually on Nov. 17. (Joel Krahn/Yukon News file)
Yukon Chamber of Mines elects new board

The Yukon Chamber of Mines elected a new board of directors during… Continue reading

The Yukon Hospital Corporation has released its annual report for 2019-20, and — unsurprisingly — hospital visitations were down. (Crystal Schick/Yukon News file)
Annual report says COVID-19 had a large impact visitation numbers at Whitehorse General

The Yukon Hospital Corporation has released its annual report for 2019-20, and… Continue reading

Whitehorse City Hall. (Joel Krahn/Yukon News file)
City hall, briefly

A look at decisions made by Whitehorse city council this week

City council was closed to public on March 23 due to gathering rules brought on by the COVID-19 pandemic. The council is now hoping there will be ways to improve access for residents to directly address council, even if it’s a virtual connection. (Crystal Schick/Yukon News file)
Solution sought to allow for more public presentations with council

Teleconference or video may provide opportunities, Roddick says

Megan Waterman, director of the Lastraw Ranch, is using remediated placer mine land in the Dawson area to raise local meat in a new initiative undertaken with the Yukon government’s agriculture branch. (Submitted)
Dawson-area farm using placer miner partnership to raise pigs on leased land

“Who in their right mind is going to do agriculture at a mining claim? But this made sense.”

Riverdale residents can learn more details of the City of Whitehorse’s plan to FireSmart a total of 24 hectares in the area of Chadburn Lake Road and south of the Hidden Lakes trail at a meeting on Nov. 26. (Ian Stewart/Yukon News file)
Meeting will focus on FireSmart plans

Riverdale residents will learn more details of the City of Whitehorse’s FireSmarting… Continue reading

The City of Whitehorse is planning to borrow $10 million to help pay for the construction of the operations building (pictured), a move that has one concillor questioning why they don’t just use reserve funds. (Crystal Schick/Yukon News)
Councillor questions borrowing plan

City of Whitehorse would borrow $10 million for operations building

Most Read