'Distressing and disturbing': Man sentenced for driving ex off cliff

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A Moncton judge sentenced a man to 38 months in jail on Wednesday, for crimes that included intentionally driving his truck off a beach cliff, injuring his ex-girlfriend.

“Luckily no one died or was seriously injured, that was pure luck,” said provincial court Judge Ronald LeBlanc, during the sentencing hearing for Joshua John Daniel Ermel.

Prosecutor Katie Myers asked for four years in prison for Ermel during a Jan. 31 sentencing hearing, telling the court he was convicted of domestic violence offences against that same victim in November 2022, which landed him an eight-month jail term. Defence lawyer Isabelle Caissie asked for 24-30 months in prison, meaning LeBlanc came down between the two recommendations.

As part of the sentence, the offender can’t have any contact with the victim, can’t possess guns or weapons for life and can’t drive for two years once he’s released from prison.

Ermel, 43, of unknown address, pleaded guilty in late December to threatening to cause death or bodily harm to Kelly Elliott, dangerous driving causing bodily harm to her, assaulting her, breaching a probation order to have no contact with her and committing public mischief by misleading a police officer by telling her a truck had been stolen when it had not. The offences happened between Sept.16-18 in Richibucto Village. He had been charged with attempted murder but that was withdrawn by the Crown.

Ermel also pleaded guilty to having a prohibited weapon – brass knuckles – in Richibucto on Oct. 6, the day of his arrest, and the Crown withdrew a charge of carrying a concealed pair of brass knuckles.

In January, the offender expressed remorse from the prisoner’s dock.

“I wasn’t thinking clearly or straight,” he said to the judge, after explaining his level of intoxication that day after taking crack cocaine, meth and benzodiazepines.

Myers explained that the fire department called the Mounties shortly after 10 a.m. on Sept. 17 telling them there was a beat-up truck on the beach. Police traced the vehicle to Ermel and called him, but he said he was in Fredericton and that the truck had been stolen.

Elliott went to police on Sept. 18 telling them she had recently broken up with Ermel but that she had met up with him a couple of days earlier. She said he was trying to convince her he could change and they were out driving in his truck.

Myers said Ermel was highly intoxicated and he became convinced there was someone in the backseat. His passenger tried to assure him they were alone but he didn’t believe it, said he would crash the truck to kill them all, then sped up on Route 505 and off a 10-foot beach cliff.

The prosecutor said the truck went over the embankment, rolled and landed on its wheels near the water. The victim suffered a partially dislocated shoulder as a result.

He then told Elliott he would report the truck stolen and convinced her to let him drive them to Fredericton in her vehicle. On that drive he again thought there was someone in the car, hit his passenger and made comments about possibly crashing again.

While Ermel threatened to kill his passenger and then drove over the embankment, there was nothing to indicate they had fought beforehand or that he had a specific reason for wanting to kill her. Caissie said he was simply highly intoxicated and paranoid at the time.

LeBlanc said it’s important to deter people from driving dangerously, but also important to deter Ermel from committing crimes against Elliott.

“His continued abuse of his partner was distressing and disturbing,” said the judge.