Jason Stoodley
Image Credit: FACEBOOK
July 06, 2023 - 4:02 PM
CONTENT ADVISORY
Crown prosecutors had wanted a former Kelowna fire captain caught spying on a teen in a shower to spend a few months behind bars.
Instead, Jason Todd John Stoodley will pay a $2,500 victim surcharge and do 40 hours of community service.
Stoodley walked out of the Vernon courthouse today, July 6, after BC Provincial Court Judge Nicholas Preovolos granted him a conditional discharge. The sentence means that, provided the former fire captain doesn't breach 18 months of probation, he will not have a criminal record.
Judge Preovolos said the sentence was in the public interest because Stoodley was at low risk of reoffending and had genuine remorse.
The judge also highlighted Stoodley's mental health as he struggled with PTSD following two decades as a firefighter and years in the Canadian military.
"I took a step that I categorize as inhumane," Stoodley told the court. "I'm ashamed, I'm remorseful, I wish the best for everyone that I hurt. I have to address my issues and get healthy, so I can be healthy for others."
The 51-year-old's sentence is a stark contrast to the three to six months jail time Crown prosecutors had sought.
Victim surcharges normally range from $100 to $200, but Stoodley's lawyer had put forward an offer of $2,500. The money will go toward helping victims of crime, not the individual.
The Judge highlighted the amount as one of many reasons why Stoodley should get a conditional discharge.
At an earlier court appearance, Crown prosecutors had played video footage of Stoodley pointing his cell phone through a glass window above a bathroom door where a 16-year-old girl was showering.
At one point he stretches up and looks through the glass window. The video lasts less than two minutes and shows Stoodley putting his hand into his shorts and touching his penis.
"I infer from the movement of his hand he's masturbating," the judge said.
The teen who he spied on had suspicions and set up her cell phone to record before she headed into the shower. The court never learned why the teen suspected something wasn't right.
The victim's name is covered under a court-ordered publication ban and iNFOnews.ca has been purposely vague about some details to protect her identity.
Stoodley was charged with voyeurism days after the event and later lost his $120,000-a-year job with the Kelowna fire department.
His lawyer had said after being arrested Stoodley had "lost his identity" and felt he "had no hope," he'd become depressed and had suicidal ideation. He'd since spent more than $10,000 on dozens of sessions of therapy.
The court heard that Stoodley was divorced and had two adult daughters at university.
He'd split from his ex wife many years ago after he had an affair with her best friend.
However, his ex-wife still provided a reference letter to the court, saying she had never seen anything untoward during their years together. His parents also stood by him. Colleagues described him as a "stand-up guy" stating it must be a "one-off thing."
The court heard he had complex post-traumatic stress disorder, in part from having survivor guilt after seven colleagues were killed during a military training exercise which he survived.
In giving his reasons for the conditional discharge, Judge Preovolos said Stoodley had "suffered ill mental health for his service to his country and community."
The judge also highlighted that he had no prior criminal record, had pleaded guilty, and was remorseful.
"I wish you well and I hope you take care of yourself and I hope the people that have been affected by your actions heal," Judge Preovolos said at the end of his sentencing. "I appreciate that you are sorry and you are making progress in dealing with your issues."
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