Skip to content

'She's not your property': Judge has stern warning for man who wouldn't stop texting ex

40-year-old pleaded guilty to criminal harassment and mischief; 'I definitely regret all of my actions. She absolutely wants to have nothing to do with me and I understand that'
220721saultcourthouseMP
The Sault Ste. Marie Courthouse.

Eric Mousseau just couldn't seem to get it through his head that his long-time partner wanted nothing more to do with him.

The 40-year-old bombarded the woman with phone calls and text messages between May and July 2 of this year.

He showed up on her front porch, went inside her home and damaged her car.

Mousseau pleaded guilty Wednesday to criminal harassment, mischief and four counts of breaching release orders when he appeared in a Sault Ste. Marie courtroom.

Ontario Court Justice John Condon had some stern words for the accused after hearing the details of what he had done and what the lawyers had to say about his behaviour.

"I understand rejection is difficult," he told Mousseau. "She's not your property and she can't be browbeaten into resuming her relationship with you." 

The court heard the woman called police on May 15 because Mousseau, who wasn't to communicate with her, had been calling and sending text messages.

His actions came on the heels of three warnings from police to leave her alone.

The following day she went to the Ontario Provincial Police detachment and handed over 112 text messages, prosecutor Robert Skeggs said.

"She had asked him on four separate occasions to stop communicating with her and he failed to respect her requests."

On May 17, he was arrested and released on an order requiring him to stay away from the complainant, with whom he had a 20-year relationship, and their two children.

At 1 a.m. on May 18, she called police again. 

Mousseau was on her porch. He then entered the residence and refused to leave, Skeggs said.

When he did leave, he cracked the windshield of her Ford Focus.

Later in the day, the woman again called police to report she had received 20 calls and a voicemail from him while she was at work.

The accused was again arrested for breaching an undertaking not to contact her.

Mousseau was released on bail five days later, with conditions designed to protect the complainant 

On June 9, he resumed his communications, sending more than 10 text messages and making 10 cell phone calls, Skeggs said.

Between June 5 and 9, he again went to her residence. He was outside on a motorcycle and she was concerned about her safety.

An arrest warrant was issued after his surety revoked his bail on July 2, expressing concerns about their safety, the assistant Crown attorney said.

The Crown and defence lawyer Ken Walker jointly proposed a sentence of time served and 18 months probation.

Mousseau, an equipment operator, spent 28 days in pre-sentence custody and with the enhanced credit, it is the equivalent of 42 days.

Condon told the defence he was concerned about Mousseau's mental health and asked Walker to speak with his client.

Following a break, Walker said he'd been advised that Mousseau has never been diagnosed with anything or seen a doctor for psychiatric issues.

"He's 40 and has been with this lady over half of his life," and they have two children, he said.

From Mousseau's perception at the time "the breakup came out of the blue and wasn't registering with him." 

He had no clear idea what it was about and "has been ruminating on it while in custody," Walker said.

Mousseau is "taking it hard and trying to figure out when the love fizzled," the defence said, adding he understands the court's concerns.

His client is frustrated and would benefit from counselling.

"You can be assured of that," Condon responded.

"I definitely regret all of my actions," Mousseau told the judge. "She absolutely wants to have nothing to do with me and I understand that."

Condon said he's very concerned about the accused's behaviour.

The relationship broke down, and Mousseau responded with "constant abusive harassment, repeated phone calls and texts, despite pledges not to do so, and three warnings from police."

He thought he could repair the relationship by entering the victim's home at night when one of their children was there, and then smashing her car window, Condon said.

This "makes me question your mental health," the judge told Mousseau. 

Noting his complete disregard for the numerous orders and disrespect for the victim, Condon said "you have taken the security of her home from her."

He agreed to the lawyers' joint recommendation, but indicated he'd feel more comfortable if the court had received a victim impact statement from the woman.

In addition to time served, Condon also imposed a suspended sentence for some of the offences.

"You tell me you've learned your lesson,"  he said, indicating to Mousseau the probation will have some buffers in it.

During the 18-month order, Mousseau can't communicate with the woman, except  through a family court order and legal counsel, and must remain 50 metres away from her.

"She needs relief from you," Condon said.

Mousseau must take any recommended assessment, counselling and rehabilitative programs for domestic violence, including the Partner Assault Response program, and psychiatric and psychological issues.

As well, he must pay $380 restitution to the woman for the damage to her car by Dec. 11.

Condon warned him if he breaches any of the conditions, the suspended sentence can result in him being brought back to court to be re-sentenced.

Mousseau responded "yes sir" when the judge asked if he will follow the order.

"Take advantage of counselling so you are not back in the court system."

Condon also imposed a 10-year weapons prohibition and ordered him to provide a DNA sample.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
Read more