Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Drug Trafficking. Show all posts
Showing posts with label Drug Trafficking. Show all posts

Monday, July 26, 2010

Gang leader; addict; father of three sentenced to 90 months prison

A long-time Manitoba gang leader with a violent criminal history is heading back to prison for his role in a major drug-dealing operation.
Ronald Normand, 42, pleaded guilty Monday to selling crystal meth to an undercover police agent who captured the transaction on audio and video surveillance. He also admitted to participating in a criminal organization and laundering the proceeds of crime while serving as the vice-president of the Zig Zag Crew, which is the so-called "puppet club" of the Manitoba Hells Angels.
Normand was one of the main targets of "Project Divide", the 13-month sting which ended last December with 35 arrests in Manitoba and British Columbia. He is the 21st person to plead guilty.
Police used the services of Zig Zag member Michael Satsatin, who was paid $450,000 and placed in witness protection for his work.
Police were looking on and listening in last September when Normand agreed to sell five ounces of meth to Satsatin in exchange for $13,500. The deal was first negotiated inside a Transcona-area Tim Hortons, then consummated in the parking lot of a Petro Canada in St. Vital, court was told.
Crown and defence lawyers agreed Monday that Normand should spend 90 months behind bars, in addition to eight months of time already served. They noted his lengthy criminal record, which includes a manslaughter conviction for killing a Winnipeg man during a 1994 brawl inside the beverage room of the Northern Hotel.
Normand was given six years custody for that crime, in which he picked a fight with a 32-year-old patron and repeatedly kicked him in the face for no reason Defence lawyer Mark Wasyliw said his client, who is the father of eight children with three different women, has battled a lifetime addiction to drugs and alcohol which has frequently landed him in legal hot water. Normand took his first sip of alcohol when he was just eight years old and has been a gang member since he was 15, court was told.
He said Normand wants to use his experience to lecture troubled teens about making positive changes in their lives and staying out of gangs. However, Free Press archives show that another lawyer told a judge nearly the identical thing during a 2000 sentencing hearing.
Normand pleaded guilty in that incident to assault causing bodily harm and was given six months in jail for smashing a man over the head with a bar stool while out on parole for manslaughter. The Crown said it was an unprovoked attack, similar to the one years earlier which left a man dead.
Defence lawyer Pam Smith told court at the time her client had gotten his life back together during his two years on parole by upgrading his education at Red River College and was also speaking to at-risk youth about avoiding the types of mistakes he had made.
Wasyliw said Monday his client is suffering financially and resorted to selling drugs for the Zig Zag Crew to help get him out of debt and feed his addictions. He said Normand’s role as vice-president of the gang was "ceremonial" because nobody else wanted to do it.

I disagree with the 90 months in prison for this man. I believe that only the most dangerous offenders should be imprisoned, not the mentally ill, addicts, non violent, property and drug offenders. I do not believe that this man poses a danger to society and therefore, there is no purpose in imprisoning him. There are many mitigating factors in this case, including; his financial struggles which led to selling drugs, addiction to drugs and alcohol and the fact that he is a father of eight children. This man needs assistance and support in employment, education, substance abuse treatment and gang desistance. A more appropriate sentence for this man would have been a 2 year conditional sentence with requirements that this man attend drug/alcohol counseling/treatment, and be provided with employment assistance. I have sympathy for this man and hope he gets the help he needs to overcome his life struggles. 

Thursday, July 22, 2010

Siblings headed to prison for drug deals

Three members of the same Winnipeg family are headed to prison after admitting to their roles in a massive Hells Angels drug dealing network.
Full-patch biker Sean Wolfe, his half-brother, David Single and his half-sister, Patricia Walsh, appeared together Thursday morning to deal with charges stemming from their December 2009 arrest.
Wolfe pleaded guilty to conspiracy to traffic cocaine and was sentenced to nine years in prison. Single pleaded guilty to possession of cocaine for the purpose of trafficking and received seven-and-a-half years behind bars. Walsh also pleaded guilty to trafficking and was given six years custody.
All of the sentences were joint-recommendations between Crown and defence lawyers.
The trio were targeted as part of "Project Divide,", which saw police utilize gang associate Michael Satsatin who was paid $450,000 to work as an undercover informant who helped investigators capture dozens of drug and weapons deals on audio and video surveillance.
Police charged 33 members and associates of the Hells Angels following the 13-month probe, which involved more than 300 police officers in Manitoba and British Columbia. A total of 18 accused have now pleaded guilty and been sentenced to various periods of custody.
Wolfe is a long-time Hells associate who was promoted several years ago from the Zig Zag Crew, the so-called puppet club of the notorious biker gang. He is a former model and the cousin of hockey player Riley Cote, one of the National Hockey League's most feared enforcers who laces up the skates for the Philadelphia Flyers.
Police describe Wolfe in court documents "as a person one should not cross."
"He is not only highly respected but feared by numerous individuals and has the propensity to resort to violence," one of the investigating officers wrote in his affidavit for Project Divide.
Walsh was in tears during her initial court appearance following her arrest and claimed to have no criminal involvement or understanding of why she'd been arrested.
Crown attorney Chris Mainella told court Walsh was involved in several separate cocaine transactions carried out on behalf of Wolfe. Her arrest warrant included allegations she drove her two young children to school before heading to a meeting with Satsatin, who was sold seven ounces of cocaine in April 2009. Police say Single met with the agent at the Tuxedo Park Shopping Centre to discuss drug transactions.

Hells Angels get multi terms for drug deals
A family that commits crime together does time together.
Three members of the same Winnipeg clan learned that Thursday after pleading guilty to their roles in a massive Hells Angels drug-dealing network.
Full-patch biker Sean Wolfe admitted to conspiracy to traffic cocaine and was sentenced to nine years in prison. His half-brother, David Single, admitted to possession of cocaine for the purpose of trafficking and received seven-and-a-half years behind bars. Wolfe's half-sister, Patricia Walsh, also admittedy to trafficking cocaine and was given six years in custody.
All sentences were joint recommendations from Crown and defence lawyers.
The trio were targeted as part of Project Divide, which saw police utilize gang associate Michael Satsatin, who was paid $450,000 to work as an undercover informant and help investigators capture audio and video of dozens of drug and weapons deals during surveillance.
Police charged 33 members and associates of the Hells Angels following the 13-month probe, which ended in December 2009 and involved more than 300 police officers in Manitoba and British Columbia. A total of 20 accused have now pleaded guilty and been sentenced to various periods of custody.
Wolfe, 33, is a longtime Hells associate who was promoted several years ago from the Zig Zag Crew, the so-called puppet club of the notorious biker gang. He is a former model and the cousin of hockey player Riley Cote, one of the National Hockey League's most feared enforcers, who plays for the Philadelphia Flyers.
Police describe Wolfe in court documents "as a person one should not cross. He is not only highly respected, but feared by numerous individuals and has the propensity to resort to violence," one of the investigating officers wrote in his affidavit for Project Divide.
Crown attorney Chris Mainella told court Walsh, 36, was involved in several separate cocaine transactions carried out on Wolfe's behalf. Police say Single, 34, met with the agent at the Tuxedo Park Shopping Centre to discuss drug transactions.
As part of their sentence, the three agreed to forfeit several items seized by police as proceeds of crime.

I do not believe that drug, property, non-violent or mentally ill offenders should be imprisoned. Prison should always be a last resort, not over-relied upon. Only the most dangerous offenders who pose a risk to public safety should be imprisoned. Imprisoning non violent offenders is dangerous, because it causes further overcrowding and increases their chances of re-offending when released due to pro-criminal attitudes, values, behaviours in prison, the prevalence of drugs and gangs and the negative prison subculture. Prison serves no purpose for these siblings. I would also like to know more about the mitigating factors in this case. When there are more Hells Angels on the streets, there are less street gangs. Street gangs are often more violent than criminal organizations and they are known to kill rival gang members, shoot in broad daylight, etc. The HA make an effort not to create trouble with non-gang members. The Hells Angels are much more organized than street gangs such as the Manitoba Warriors, Indian Posse, Mad Cowz, etc. If drugs were legalized and sold and regulated by the government, criminal organizations and gangs would be out of business. It would eliminate the underground black market for drug dealing and would free up court space and reduce overcrowding. Prohibition only causes more harm and problems and crime.

Drugs should be legalized and regulated. That would free up court space and reduce prison overcrowding and eliminate the need for the underground drug market.  

Thursday, July 15, 2010

Gang associate quickly returns to crime after release from prison

A Manitoba gang associate wasted no time jumping back into the criminal lifestyle after getting released from prison.
Benjamin Morris Zapata walked out of Stony Mountain penitentiary on July 21, 2009 after being released on parole with strict conditions. Less than 48 hours later, Zapata was attending a high-profile meeting in Winnipeg where he was granted full-patch status with the Zig Zag Crew, the so-called "puppet club" of the Hells Angels in Manitoba.
Zapata, 28, then spent the next few months carrying on sanctioned gang business and arranging a large cocaine dealer with another gangster who was secretly working as a police agent as part of a massive undercover sting operation.
All of this was occurring while he was on parole with orders to not to have any contact with gang members or associates. And with Zapata already having five prior drug-related convictions on his criminal record.
"I truly regret what’s happened here. Sorry to everyone I’ve disappointed," Zapata - who goes by tne nickname of "Little Mikey" - told a Winnipeg courtroom Thursday. He pleaded guilty to drug trafficking and was convicted of participating in a criminal organization and conspiracy to launder proceeds of crime after a 15-minute "trial" which saw the Crown simply recite the allegations and his lawyer offer up no objections or rebuttal evidence.
In essence, Zapata was conceding he was guilty without having to be seen as pleading guilty, court was told. Zapata was then sentenced to 99 months in prison (8 years, 3 months), in addition to seven months of time already served. On paper, his sentence is just under nine years total.
Queen’s Bench Chief Justice Marc Monnin warned Zapata those numbers will only grow larger for future offences, given his horrible record which included a three-year prison sentence for his last drug crime. As well, Crown attorney Chris Mainella said Zapata is unlikely to get early release from prison given his history.
"Prison officials tends to keep gang members in prison as long as they can," he said.
Zapata was one of 33 people arrested last December as part of "Project Divide," in which police used their informant to secretly record drug and weapons deals going down. He is the 15th accused to plead guilty, and his sentence is the longest handed down so far.
Zapata was living in Brandon following his release from Stony and was essentially in charge of the region, court was told. He was caught on audio and video surveillance bragging about the lucrative drug market in the western Manitoba city and how he could inflate his prices as a result. Zapata eventually sold 10 ounces of highly-diluted cocaine to the police agent for $8,000.

Prisons are the schools of crime and longer prison sentences have been shown to increase chances of re-offending due to the negative prison subculture, environment, influences, gangs, drugs and pro-criminal attitudes, values and behaviours. This man likely became MORE involved in the gang lifestyle through prison. Often inmates are released with little assistance, support and guidance. They are often released with little rehabilitation, life skills, risk management skills, no housing, unemployed, little support from family/friends and financial difficulties. It's no wonder many return to a life of crime! What would you expect, under these circumstances?! Simply telling inmates not to have contact with specific people, is not a focused enough order. They need more supervision and more specific guidelines to follow. I believe that the criminal justice system needs to be reformed to place more emphasis and focus on rehabilitation, reform, restoration and crime prevention. We need less reliance on prisons and more on alternative community sanctions, as they can better address the root causes and contributing factors to crime. There needs to be more assistance and support given to released inmates to help them successfully reintegrate into society. There also needs to be more programming available to them to help them learn the skills they need to survive on the outside. 

If drugs were legalized and controlled and regulated by the government, we wouldn't be overcrowding our prisons with drug offenders. Legalization would remove drugs from violent gang members and dealers and put them into the control of governments. This sounds much safer to me! Drug abuse should be a health issue not a criminal justice issue. More money must be spent on crime prevention and addiction treatments as opposed to imprisoning more drug offenders for longer periods. That does not solve the long term drug problem. This man did not participate in any violent criminal activities and I do not believe that he is a danger to the public's safety. Non-violent drug offenders should NOT be imprisoned. It just causes further unnecessary overcrowding.     

Saturday, July 3, 2010

Drug trafficking auto mechanic sentenced to 4 years prison


Stuart Richer liked to run with gangsters and party with strippers.
He might still be a free man if he didn’t add drug dealing to the mix.
Richer, 44, pleaded guilty to one count of drug trafficking and was sentenced Friday to four years in prison.
Richer was one of 33 people arrested in a year-long police investigation dubbed Project Divide that targeted members and associates of the Zig Zag Crew, the so-called “puppet club” of the Manitoba Hells Angels.
As in similar stings police enlisted the aid of a paid criminal agent, Zig-Zagger Michael Satsatin, to ensnare criminal targets.
Richer wasn’t an original target of the investigation, but came to police attention through his association with accused Zig-Zagger Ronald Normand.
Police surveillance captured Richer “facilitating” the sale of 55 grams of crystal meth to Satsatin.
Court heard Richer ran errands for Normand and chauffeured him about town for “debt collections.”
Richer received little money for his time — high times in low places were reward enough. Police surveillance captured Richer at a Hells Angels-controlled strip bar, bragging how he received “VIP treatment.”
“It seems to be that Mr. Richer’s interest in working with these individuals is the thrill of the gang lifestyle and access to young women and Mr. Richer was prepared to do these odd jobs from time to time,” said Crown attorney Chris Mainella.
Richer is an auto mechanic with no prior criminal record. A police search of his Anola home found it “full of Hells Angels ‘support wear,’ the kind of items you can’t purchase at your local department store,” Mainella said.
Justice Morris Kaufman rejected defence lawyer Danny Gunn’s argument that Richer’s actions were not motivated by greed.
“I’m not sure where there is a distinction between being greedy for money and being greedy for a good time,” Kaufman said. “He is doing it for a payoff, it just happens to be not primarily money, it’s more like what money can buy.”

I completely disagree with 4 years in prison. I believe that prison should always remain a last resort and not be over-relied upon. All other lesser restrictive measures should be considered first. I believe that only the most dangerous and violent criminals should be sentenced to prisons, not the mentally ill, addicts, first time offenders, non-violent, property or drug offenders. Imprisoning non-violent drug offenders only creates further overcrowding, increased tensions and levels of violence in prisons. This man was a first time offender who made a mistake and got caught up in that lifestyle for a short period. He is not violent, he is not dangerous and he should not be in prison. Prisons are the schools of crime filled with negative influences, subculture, drugs, gangs and pro-criminal attitudes and behaviours. This man will likely become more involved in the gang lifestyle through prison and will receive little assistance when released. Non-violent drug offenders should receive a community sanction, such as a conditional sentence or probation. This man should have received a conditional sentence for his involvement with counseling. 

Monday, June 21, 2010

Gang member convicted, sentenced and imprisoned in speedy criminal trial

A Manitoba Hells Angels associate who didn’t want to be seen as pleading guilty to gang-related charges was instead found guilty Monday after what was likely the fastest trial in judicial history.
The unusual hearing lasted just a few minutes and included Crown and defence lawyers calling no witnesses and making no submissions. The only evidence was an agreed statement of facts which was provided to the judge for review days earlier.
Queen’s Bench Justice Glenn Joyal had no choice but to make the obvious ruling, paving the way for a sentencing hearing to begin almost immediately. Raymond Brown, 44, was then given 51 months in prison (4 years and 3 months), in addition to five months of time already served, under a joint-recommendation from Crown and defence lawyers. His offences include participating in a criminal organization, conspiracy to launder proceeds of crime and trafficking marijuana.
Prosecutor Chris Mainella said a lot of gang members – especially high-ranking ones such as Brown – don’t want to be seen as admitting responsibility and would rather put justice officials to the test of proving their case. He said Preston’s way of dealing with his case is similar to the “No Contest” plea that exists in the United States.
Brown was one of 33 people arrested last winter as part of “Project Divide,” in which police used a secret agent to infiltrate the gang by using a former Hells associate as a paid informant. He is the 13th to deal with his charges..
Brown has been a member of the Zig Zag Crew – the “support” club for the Hells Angels – since 2006 and has previously served as president, court was told. He was caught on audio and video surveillance in June 2009 arranging for a three-pound marijuana deal during a lunch meeting with the agent at McDonald’s. The drugs and $8,400 cash were then exchanged later that day in a parking lot near an outdoor inner-city swimming pool.
Brown was also overheard by police barking out orders to several other Zig Zag members, which includes collecting monthly individual dues of $150 and paying a monthly gang fee to the Hells Angels of $1000.
“Basically the Zig Zag Crew were buying a criminal licence from the Hells Angels,” said Mainella.
Brown has a minor, dated criminal record and has previously worked as a commercial trucker. He is the father of four children, aged four to 19.

Agreed facts are the only evidence as gang member found guilty
A Winnipeg gang member and drug dealer was sentenced to prison Tuesday after an unusual trial in which the only evidence was an agreed statement of facts.
Raymond Bruce Brown, a former president of the Zig-Zag Crew street gang, pleaded guilty to one count of trafficking in marijuana but not guilty to conspiracy to participate in a criminal organization and conspiracy to launder proceeds of crime.
Brown, 44, stood trial on the conspiracy charges. Justice Glenn Joyal heard no witnesses.
“The accused is accepting the facts as laid out by the Crown ... and is not calling any evidence,” defence lawyer Neil Kravetsky told Joyal. “I have been instructed not to make any submissions to you. (Brown) understands the consequences of his actions.”
Joyal said the evidence against Brown was overwhelming and found him guilty of conspiring to recruit new members to the Zig-Zag Crew and conspiring to launder drug money on behalf of the Hells Angels.
Joyal sentenced Brown to a total of 56 months in prison, minus credit for five months time served.
Brown was one of nearly three dozen people arrested late last year as part of a year-long investigation dubbed Project Divide. Nearly all of those arrested were members or associates of the Zig-Zag Crew street gang, the so-called “puppet club” of the Manitoba Hells Angels.
Police surveillance caught Brown making a deal to sell Zig-Zagger turned paid police agent Michael Satsatin three pounds of marijuana for $8,400.
Court heard Brown didn’t join the gang until 2006 or 2007, when he was already 40 years old. His only prior drug conviction was in the mid-1980s when he was arrested for selling one gram of marijuana at Oktoberfest.

I disagree with 4 years in prison. How will prison help this man? It will not serve any purpose. Based on the offences for which this man was convicted of, it does not appear that he is a major danger to society and should not be imprisoned for that length of time, especially since his minor, criminal record is dated and only consisted of one marijuana offence and the fact that he has a family. Prison is a negative environment filled with negative influences of gangs and drugs. It does not facilitate rehabilitation. Prisons also fail at addressing the root causes of crime and especially, of why individuals join gangs, as there are many underlying factors. Marijuana use should be legalized and regulated. It is no more harmful than alcohol and legalization would help free up the courts, reduce prison overcrowding and remove drugs from the hands of violent gang members. This man should have received a 2 year conditional sentence in the community, with community service, employment assistance, etc. 

Wednesday, June 16, 2010

Drug sting puts two men -- football coach and cancer survivor-- in prison


A respected football coach and a cancer survivor are headed to prison after admitting their involvement in a Hells Angels drug and weapons smuggling operation.
Edwin Panting and Eric Sandberg were two of the most unlikely suspects nabbed last winter in an undercover police sting dubbed "Project Divide". The well-educated men had no prior criminal records or substance abuse issues and came from strong family backgrounds with plenty of community support. Neither had direct ties to the outlaw gang but were drawn in by others.
"The sole motivation here was greed," Crown attorney Chris Mainella told court on Wednesday.
Panting, 25, and Sandberg, 28, were both sentenced to four and-a-half years behind bars, in addition to six months of time already served. Their guilty pleas mean 12 of the 31 suspects have now resolved their cases. Others caught in the criminal net included a former RCMP officer and the cousin of an NHL hockey player.

Panting was a talented football player who had been working as the defensive back coach for the provincial junior team over the past four years, said Mainella. Only days before his December 2009 arrest, Panting had been in talks with Sisler High School about helping to coach their football program.
Police had been monitoring him for several months after he crossed paths with secret agent Michael Satsatin, a former Hells associate who agreed to work for the police in exchange for more than $450,000 and witness protection.
Panting wasn’t an original police target but came onto the radar when he approached the agent in May 2009, telling him he had access to high-quality cocaine that would be 80 per cent pure. He eventually agreed to sell the agent five ounces for $4,500, which went down in the parking lot of the Boston Pizza restaurant on McPhillips Street. The drug he claimed would be "primo" was actually only 14 per cent pure, court was told.
"There seems to be an element in Winnipeg’s drug sub-culture that wants to sell really bad cocaine to increase their profits," said Mainella.
"Who can you trust these days?" replied Queen’s Bench Justice Brenda Keyser.
Panting apologized in court for letting down his family and friends through a series of "poor choices", which included working as an "independent" drug dealer in Winnipeg.
"It is very sad to see someone like you come before me. You’ve probably screwed up your chance of being involved (in football coaching) for quite some time," said Keyser.
Sandberg’s involvement was more extensive - he facilitated the repayment of an $11,000 debt between the agent and a British Columbia drug dealer, sold several thousand ecstasy pills to the agent, and claimed to be able to import several high-powered weapons on request, including a rocket launcher. However, no weapons were sold.

Defence lawyer Gerri Wiebe said her client was diagnosed with colon cancer two years ago and was undergoing extensive treatment, including chemotherapy, at the time of his involvement. He grew up with the agent in Charleswood and had been friends for years. He got criminally involved thinking it was an easy way to make money.
Sandberg also apologized in court Wednesday. His health continues to be a major question mark as he heads to prison, considering his type of cancer only has a 35 per cent survival rate.
"It’s hard to imagine how this came to this, someone with your background and family support," said Justice Shawn Greenberg.

Neither of these men should be in prison! Especially for 4 and a half years!! This is why drugs need to be legalized. It would end the war on drugs. We should NOT be imprisoning non-violent offenders, such as these two men. Imprisonment does not serve any purpose. Only those individuals who pose a great danger to society should be imprisoned, and not for lengthy periods. This is not justice. This is revenge. This sentence for these men sickens me. Far too harsh! If there is no mandatory minimum, the Judge should have better considered all of the mitigating circumstances in these cases, such as no prior record, well-educated, strong family backgrounds and community supports. Prison should always be a last resort and should NOT be over-relied upon. The least restrictive measures should always be considered before prison and in this case, they were not, which is unfortunate. These men are not dangerous, do not pose a risk to society and are not violent. Therefore, prison time is NOT warranted. Prison will likely negatively impact them, with the environment, influences, subculture, gangs, drugs, pro criminal attitudes and behaviours, etc. Prisons also offer little rehabilitation and offenders are released with little assistance.  It is also concerning that the one man with cancer will be in prison as adequate medical services are usually not offered. This man needs help. Prison is not appropriate.

I would have sentenced both of these men to a conditional sentence of 2 years in the community, where they could perform community service work, etc. That would have been a more appropriate sentence, as opposed to prison.

People willing to put drugs in their bodies generally know the risks. Dealers are only providing to a market that is already present in society. If drugs weren't prohibited, they could be better regulated and people would be able to buy them in a safer, government run facility and know what they are actually getting as opposed to relying on the black market for drugs comprised of violent gangs and dealers, where the risks are much greater. Prohibition causes problems and further harm. Besides, legal drugs prescribed by doctors such as oxycontin, do more harm than street drugs. Most street drug related deaths are caused by other factors, not the actual drugs themselves. The legalization of drugs would put drug dealers out of business, reduce prison overcrowding, unclog the courts, and lessen drug distribution crimes because these activities would become lawful. The cost of drugs would be reduced and addicts would commit fewer crimes to pay for their habits.  Drugs are no worse than alcohol or everyday prescriptions drugs. The gov't should not be allowed to control what people wish to put into their own body. The cost of drugs would be drastically less than what dealers sell them for if they were sold and controlled by the gov't. There would be no need to rob and steal for cash as the drugs would be inexpensive.

If you do not know the severely negative affects that prohibition has on society then you should not be trying to make an arguement that has no merit. The war on drugs will never suceed because it is pointless. Alcohol is far worse than most of the drugs on the street an yet it is gov't controlled. There is no reason why these drugs should not fall under the same category.

There are already opiates in prescription drugs. Drugs such as heroin are just that, opiates.

Also as far as drug "addiction" goes, there is no such thing. There is only the choice to reuse. The same applies to an alcoholic. They are only alcoholics cause they choose to keep drinking, not because they can't go without. Crack heads are crack heads because they choose to be, not because they are addicted. I know several people who have experimented with hard drugs and not one of them ever became "addicted". All of them are good members of society. What they did on their own time was none of the government's business. Prohibition is a violation of our rights.

Put the gangs out of business: Legalize drugs 
   

Obama refocusing failed war on drugs


U.S. President Barack Obama is moving in the right direction in the war on drugs, saying it should be a health issue, not a crime.
After 40 years and $1 trillion wasted, the war on drugs has been a resounding failure. It has had ruinous consequences in the United States and in Latin America and the Caribbean.
The drug war has given America the world's largest prison population, at nearly 2.5 million people, or roughly one in 100 Americans.
The United States has five per cent of the world's population, but almost 25 per cent of the world's prisoners.
Many nonviolent drug offenders, who shouldn't have been locked up in the first place, are languishing behind bars.
Moreover, this war on drugs also has been a war on black and brown people, who are 70 per cent of the American prison population. Unfair drug sentencing for crack cocaine versus powder cocaine targeted communities of colour for years.
Drug criminalization separates parents from their children with prison bars and destroys urban neighbourhoods by shipping their adult population to prisons in white rural areas, often hundreds of miles away from home.
People who could be productive members of society, good citizens, taxpayers and community leaders are rotting in jail because of the war on drugs. And when they return to society, they cannot find a job because of a felony record.
Our drug policies have also helped spark violence in many countries in Latin America and the Caribbean.
Drug mafias have taken over the region because drugs in the United States are illegal and the demand for them is still high.
Look at Mexico, where almost 23,000 people have been murdered in the last three and a half years, as drug-related gang violence has exploded.
Or take Jamaica, which declared a state of emergency after supporters of an alleged drug kingpin wanted in the United States torched two police stations and barricaded the slums of Kingston, the capital.
The Obama administration has taken a step forward with its new National Drug Control Strategy.
President Obama says he plans to treat illegal drug use as more of a public health issue than a criminal justice problem.
And Obama's strategy claims to take a balanced approach by focusing on prevention, treatment and law enforcement.
For example, there is an emphasis on community-based prevention focusing on young people.
The president also calls for early intervention and addiction treatment in substance-abuse cases, curbing subscription drug abuse and breaking the cycle of drug use, criminality and incarceration.
Nevertheless, it is uncertain the Obama White House will put its money where its mouth is.
Nearly two-thirds of the $15.6-billion federal drug control budget request is devoted to law enforcement and interdiction, which is just more of the same old same old.
The strategy's success depends on whether the administration stays true to its own words and devotes the resources necessary to deal with drug abuse as a public health issue.
Treating it as a criminal justice issue doesn't work.

I believe that drugs should be legalized. It should be a health issue, not a criminal justice issue. Who do you want running the drug business.. violent gangs/criminals/cartels? Or regulated companies? Prohibition only creates crime. We should NOT be imprisoning drug offenders. Only violent individuals should be imprisoned. Legalization would bring the drug problem above-ground as opposed to underground, where violence is more likely. We need to legalize, regulate and tax drugs. This would eliminate the black markets for drugs and put established drug dealers out of business, which would decrease crime. Legal drugs allow people to have better access to addiction resources. Taxes could fund treatment services and the gov't could control access to the most addictive to prevent wasted/ruined lives. There should be tiered regulation because not all drugs are equal. Legalization would also help to increase user safety. If is none of the government's business what responsible adults/teens are doing in the privacy of their homes. Drugs should be legalized for personal use. Legalization would also significantly reduce prison overcrowding and would make more room for only the most violent criminals. We need to increase drug abuse education, rehab programs and monitoring of highly addictive substances. Drugs are more dangerous when they are controlled by the cartels and gangs, than when controlled by the government. It is also a myth that if drugs were legalized, more people would use them. Not true. They should be sold in licensed premises at a cheaper and affordable price. Criminalizing drug use only further criminalizes youths and stigmatizes them and other law abiding citizens with a criminal record. 

Tuesday, June 15, 2010

Man who smuggled drugs was given a conditional sentence


A key cog in an elaborate international drug-smuggling case has struck a deal with justice officials that keeps him out of jail.
Dean Chyzy, 33, pleaded guilty Monday to shipping huge volumes of raw ephedrine, which is a prime ingredient in the creation of highly-addictive crystal methamphetamine. He was given a conditional sentence of two years less a day under a joint-recommendation from Crown and defence lawyers.
"This has been an incredibly emotional and frustrating experience," defence lawyer Ian Garber told court in describing the resolution to a case which has spent nearly six years dragging through the courts. "This matter has taken forever."
More than 80 people were indicted in the case in Canada, California and Mexico after more than 250 police officers conducted 34 raids in September 2004. RCMP in Winnipeg held a news conference the day after, saying they seized 9,000 kilograms of ephedrine, worth an estimated $14.5 million on the street as meth, along with $3.5 million cash. A total of 10 Manitobans were arrested.
It was alleged the ephedrine was legally imported into Canada through a Thunder Bay, Ont., company, but was soon diverted to the black market. Ephedrine is banned in the United States, while Health Canada regulates its sale in this country. Much of the ephedrine was ultimately smuggled into the United States to methamphetamine labs run by the Mexican Mafia.

Chyzy's role was that of an "intermediate" who helped negotiate sales to buyers in western provinces, court was told. The ringleader behind the criminal enterprise was Lac du Bonnet resident Rodger Bruneau, who died of a heart attack following his arrest. Another accused was later shot to death in Winnipeg in a killing that remains unsolved.
Bruneau's business partner, David Sokalski, pleaded guilty earlier this spring and was sentenced to four years in prison and ordered to forfeit nearly $4 million in cash and property deemed the proceeds of crime.
Crown attorney Brian Clark told court Monday Chyzy was a much smaller player in the organization. Police seized about $2,500 in proceeds from his residence.
The case against the Canadian accused has dragged through the legal system while lawyers debated how mountains of RCMP evidence should be disclosed to the accused. Last month, a judge dismissed all charges against former Winnipeg Blue Bomber Eddie Blake on the grounds his rights had been violated because of "unreasonable" legal delay.
Blake and Chyzy were former business partners, court was told Monday. Garber said his client quickly got in over his head in an attempt to make some quick, easy money. He said several "unfriendly" criminal characters began threatening Chyzy and his family, prompting him to move out of Manitoba.
On one occasion, two of the men accosted Chyzy outside a third-floor courtroom at the Winnipeg Law Courts, threatening to throw him over the railing if he didn't pay someone else's debt. Days later, somebody tried to run his car off the road, said Garber.

I completely agree with a conditional sentence for drug offenders. I do not think prison is ever warranted as most drug offenders are not a danger to society and are more likely to become criminally involved and entrenched in the lifestyle through associates in prison. Prisons are the schools of crime. 

Monday, June 14, 2010

Cocaine seller gets 6 years in prison


A Winnipeg businessman arrested in an undercover police sting targeting organized crime has been sentenced to six years in prison.
Kerry Adam, 37, pleaded guilty Monday to trafficking in cocaine and possession of proceeds of crime.
He was one 31 people arrested last December as part of a year-long investigation dubbed Project Divide. Nearly all of those arrested were members or associates of the Zig-Zag Crew street gang, the so-called “puppet club” of the Manitoba Hells Angels.
Adam — then owner of the Naughty Apparel clothing store on Main Street and an auto repair business — was not an original target of the investigation, said Crown attorney Chris Mainella. He came to police attention through his friendship with Zig-Zagger turned paid police agent Michael Satsatin.
Police surveillance captured the “greedy haberdasher” agreeing to sell Satsatin half a kilogram of cocaine for $25,000 last August, said Mainella. The cocaine was exchanged days later at a store on Henderson Highway in North Kildonan. Court heard Adam agreed to refund Satsatin $1,500 because the cocaine was not as pure as promised.
“He is clearly an independent dealer,” Mainella said. “He has the ability to earn money from legitimate enterprises but he turned to his own greed and succumbed to it.”
Adam’s conviction is his first for drug trafficking. Justice Brenda Keyser said Adam had clearly been dealing drugs for some time prior to his arrest.
“You don’t start off in your career dealing in half-kilo amounts,” she said. “I think it reflects where you fall in the food chain.”
Keyser ordered Adam to pay $23,500 in restitution, which he is not expected to pay. In lieu of payment, he will serve an additional 12 months in prison.

Shop owner off to prison for dealing on the side
HIS clothing store was called Naughty Apparel but it wasn't the clothes that got Kerry Lorne Adam in trouble with police.
Instead, it was the 37-year-old shop owner's cocaine deals that landed him in the middle of an elaborate police sting that targeted gangs.
Police caught him accepting cash for half a kilogram of cocaine in August 2009, with the help of an undercover biker-turned-informant who recorded the deal.
Adam pleaded guilty Monday to one count of trafficking a controlled substance as well as possessing the proceeds of crime.
"He turned here to his own greed," said Crown prosecutor Chris Mainella, who described Adam as a "greedy haberdasher" and independent dealer.
Police originally designed Project Divide to target the Zig Zag Crew and Hells Angels gang members.
However, Adam is not a member of either group.
Court heard Adam chose to make cash by dealing despite his success running his clothing store and a car repair business.
The undercover agent, then a full-patch member of the Zig Zag crew, set up the deal with Adam. Police recorded the two counting out cash in a bathroom of Adam's Main Street store before the two later traded drugs at a Zellers parking lot on Henderson Highway. When police made dozens of arrests last December as part of Project Divide, Adam was one of them.
Officers have arrested at least 30 people to date.
Adam is the 10th to be sentenced. Mainella and Adam's lawyer, Sarah Inness, submitted a joint recommendation Monday that means Adam will spend five-and-a-half more years in prison on top of the six months he's already served.
Court of Queen's Bench Judge Brenda Keyser said the amount of cocaine Adam sold to the agent indicated he was not a beginner in the drug trade. She approved the sentence and ruled Adam must also pay a $23,500 fine.

I disagree with prison sentences for drug offenders. I would like to know more about this man's background circumstances, mitigating factors and his defence lawyer's statements or arguments. I feel that prison should not be over-relied upon and should always be a last resort. Only the most dangerous individuals should be sentenced to prison. Prison is a negative environment with negative influences and the prison subculture. This man will likely become further involved in gang and drug life, through associates in prison and be released as a more hardened criminal, due to the pro criminal attitudes and behaviours which exist in prisons. I believe that he is not dangerous and should have been sentenced to a provincial prison term, such as 1 year or 2 years less a day along with probation. We should decriminalize drugs. There is no purpose to place this man in prison, besides revenge. He does not need to be incapacitated because he is not dangerous.

Imprisoning drug offenders is a waste of taxpayers' money. Drug prohibition causes crime, not the drugs themselves. We don't hear about anyone robbing stores to pay for their addiction to coffee. If decriminalized or legalized, all drugs could be sold for a cheaper price so they could be affordable. Less people would resort to crime to pay for their addictions. It is nobody else's business if individuals want to do drugs, or get drunk. Let them do it. Addiction is a chosen lifestyle, most of the time. Ending drug prohibition would also end a lot of financially motivated crime. 

The man in this article was not forcing anybody to buy drugs, he was simply providing them. It was consensual. It is victimless crime. Nobody was hurt and nobody was killed. I do not think any jail time is necessary for most drug dealers. If drug dealing involves other crimes such as violence or gun possession, then prison time may be warranted.

I would definitely say a crime intended to hurt someone is far worse than one intended to make money.
although I don't think drug dealing is a particularly honourable choice of work, the intent is generally not to directly hurt this person. It is to provide someone with a subtance they choose to use to hurt themselves.

It's not the drug that causes these problems. It's the people that use them. Also it's not the drug that is addictive. It's the person who uses them who makes the choice to reuse. Same is applied to alcohol. Alcohol can be just as "addictive" as many of these drugs you have mentioned. That being said, why is everyone who does drink alcohol not an alcoholic? This is because it is the certain individual who chooses to keep using/drinking. There is no such thing as addiction. There is only choice. Some people choose not to use/drink everyday, some people do.

Prohibition is what causes the crimes related to drugs. Even this trickle down effect that you speak of is caused by prohibition. If there were no prohibition then these drugs would not only be cheaper, but they would also be cleaner. You would not have people needing to rob/steal/sell in order to pay for it. One gram of coke is around 30$ but if it were legal it would probably be around 5$. Also if it were legal then there would no gun possession/violence that you speak of.

Drug dealers are not forcing drugs onto anyone. They are merely supplying what people want. Prohibition laws are ridiculous and cause many problems. 

Prohibition always has the same dynamics. An underground arises and whatever banned substance makes a lot of money for those who don't believe the lies the authorities tell them.

**some cocaine** are we serious here? The dude bought a half kilo of cocaine. That's 500g. Now, I admit, I don't know when someone makes crack from cocaine, whether or not you need more or less than a 1/4 gram of coke to make a 1/4 gram rock. But for those who don't know, crack is generally sold in quarter grams rocks. So this guy, could very well have had enough for 2000 hits of crack- maybe more, maybe less.

Street level dealers get lower sentences because they're usually poorer, face more dangers, and are most often addicts themselves- selling to support their habit. Mid level or upper level dealers (as this guy was) always get higher sentences because they're not plagued by addiction but greed.

Robberies frequently happen in this city for alcohol. Legalizing drug use isn't going to prevent crack heads from robbing domo's. Anyone suggesting that legalising drug use will solve all the problems, isn't familiar with drug use among the impoverished/marginalised classes.

So whatever guy we're talking about who got less for stabbing someone- he hurt one person. A dealer runs the risk of hurting a hell of a lot more people when his crackhead clients hurt a tonne of people.

For a half kilo of coke, it's a fair sentence. Inness doesn't sell out her clients.

all drug addiction should be manage alternately. prohibition has only added to the problem.

Look I'm not saying they should get nothing, I'm just saying six years is a little severe. Maybe if violent and dangerous criminals got the sentence they deserved I might feel slightly different, but I don't think much. Like I said, it depends on the situation. If they are prostituting women, carrying guns, and doing numerous other illegal and more hurtful things, then I fully support jail time. However, this guy seemed like a smart and respectable guy otherwise (I know, I know, here comes the lecture) But listen to why I feel that way. When I used to do drugs I've known many dealers who were good, decent, people. A couple of them got arrested, and just going through the legal process alone was enough for some to change their ways, and house arrest enough for others to do the same. In fact, the only one I do know who went to jail continued to sell drugs after he got out. Of course that's because they were all different people. Most of the ones who just needed a light sentence had legal jobs, even if menial ones, and were good and smart people. (note I'm not saying rich or brought up well, because they were just that way on their own accord). So my point is this. This guy is otherwise a good and hardworking person, who got into a bad scene. I'm not saying he should get nothing, but a lighter punishment will serve that type of person better than a jail sentence. If he does it again, then maybe another punishment.

Not that I am condoning drugs or the use of them...but here is what I saw today.

One man, based on the article written, running a successful clothing business and a successful car repair business is sentenced to 6 years in prison for 1 count of trafficking in cocaine.

Another man, with no visible means of support, is sentenced to 5 years in prison (after the judge disregarded the Crown's recommendation of 40 months) for stabbing an innocent victim in the chest and in the side.

Now, if I have to pick a next door neighbor from these two...I pick the drug dealer every time.


Although I agree that drug dealing is not victimless, people are fully capable of making their own choices. This man wasn't forcing these drugs down anyone's throat, he was only providing them for those who wanted them. I'm not saying that's okay, but I'm comparing his sentence to those who actually intend to hurt others and get way less. That's ridiculous. I don't really think any jail time is necessary for drug dealers, but it depends on the drug and their situation. Generally drug dealing involves other crimes such as gun possession and violence which lead to prison sentences.



 

Monday, May 31, 2010

Two police officers plead not guilty to fabricating evidence against drug suspect


Two Winnipeg police officers are fighting allegations they fabricated evidence to build a stronger case against a suspected drug dealer.
Const. Graeme Beattie, 31, and Const. Paul Clark, 42, pleaded not guilty Monday at the start of their preliminary hearing, which will determine if there is sufficient evidence for them to stand trial. A court-ordered ban prevents details of the hearing from being published.
The pair were arrested in March 2009 after the Crown attorney stayed charges of trafficking and proceeds of crime against a 20-year-old man. The charges read that police "did with intent to mislead fabricate report and notes, with intent that it should be used as evidence in an existing judicial proceeding." The charges also state the officers made a "false statement" by accusing the young man of drug trafficking.
Both officers joined the police service in 2006 and were moved to administrative duties following their arrests. The preliminary hearing is expected to finish later this week.

Winnipeg officers deny fabricating evidence

Two Winnipeg police officers have denied allegations that they fabricated evidence and obstructed justice in their investigation of a suspected drug dealer.
Consts. Graeme Beattie, 30, and Paul Clark, 41, pleaded not guilty to charges of fabricating evidence, attempting to obstruct justice, and public mischief at the start of a preliminary inquiry into their criminal case on Monday.
A mandatory publication ban on the preliminary hearing prevents the reporting of any evidence given. The pre-trial hearing is to determine whether the Crown's case is strong enough to go to trial.
Manitoba Justice has hired lawyer Robert Tapper to act as an independent prosecutor.
The officers are accused of falsifying notes and reports that led to a man being charged with drug trafficking in May 2008, according to court documents obtained by CBC News when Clark and Beattie were formally charged.
The case against the suspected drug dealer, 20, wound its way through the courts for months until the Crown stayed the charges against the man in October 2008 on the day his preliminary hearing was set to begin.
An internal police service investigation was launched a month later, and the officers were charged in April 2009.
The mischief charges stem from the alleged falsified reports, which polices said caused officers to unnecessarily investigate a drug-trafficking offence.
Beattie and Clark are currently assigned to administrative desk duties within the police force. Each had three years of experience with the Winnipeg police at the time they were charged.

Fabricating evidence is not acceptable. Police are supposed to be protecting us and upholding the law, not breaking it. We need police that we can trust and not a dirty and corrupt police force in Winnipeg, who will do anything, just to secure a conviction against somebody.  


So who are we supposed to trust:
1) The police who swore to serve and protect?
2) The internal police who decided to charge their counterparts?
3) The crown that blows more cases than dynamite (in my opinion anyway).
4) The courts/judges that used to rely on testimony from these officers?
5) A drug dealer who's case was thrown out of court?
6) The government that tends to let the justice system remain the same despite many complaints and problems!
I'm not interested in the drugs but the accused dealer is probaly the most honest one of the bunch, including his defense lawyer. What a sad state justice is in Canada these days!

Man pleads guilty in running massive cocaine operation


A Winnipeg man has pleaded guilty to running one of the largest cocaine operations ever shut down by city police.
Thomaz Martin Nataluk, 25, admitted responsibilty Monday just as his Queen’s Bench trial was set to begin. He will be sentenced later this fall under a joint-recommendation from Crown and defence lawyers. Sources say the proposed penalty will be in the range of eight years.
Nataluk was arrested in June 2007 after investigators seized 15 kilograms of cocaine -- worth up to $1.8 million on the street -- along with $525,000 in cash during a raid of a downtown apartment block. Officers also found 14 firearms, including two fully automatic sub-machine guns, inside three suites on Donald Street.
Nataluk spent six months in custody before he was released on bail. His lawyer, Paul Gill, initially accused police of conducting an illegal search and claimed he would challenge the validity of the case at trial.
Police first stopped Nataluk in traffic on Broadway and found two kilograms of cocaine inside the vehicle, court was told. They were then led to the nearby apartment but went in without obtaining a warrant. An additional 13 kilograms of cocaine was found inside, with more than $500,000 cash lying on a table.
Police also found ingredients to bake brick after brick of crack cocaine, with several Pyrex cooking pans of freshly made crack cocaine and one batch being mixed before putting it in the oven. As the search continued in the other suites, officers seized a black Ralph Lauren duffel bag stuffed with two Mac 11 machine-guns and 12 handguns, plus ammunition.
Police said the apartment was the centre for a major crack cocaine production and distribution centre and they had reason to act immediately. The Crown dropped proceed of crime charges Monday which had been previously laid against Nataluk’s 26-year-old girlfriend, who was the registered tenant of the apartment suite.

I agree with the defence lawyer that the search was definitely illegal, as the police needed a search warrant. Even those this man pleaded guilty, I believe that 8 years is far too harsh. I believe that only the most dangerous criminals should be sentenced to prison, not non-violent, drug, or property offenders. This man will likely become negatively influenced by the prison environment and subculture as gangs and drugs and pro-criminal attitudes/behaviours are prevalent. He will likely become further involved and entrenched in the criminal lifestyle. If this man has been successful on bail and has obeyed conditions, I would see no reason to further imprison him. If this were the case, I would sentence this man to a 2 year conditional sentence. 

Thursday, May 27, 2010

Drug dealer pleads Judge for harsher prison term


Jaws dropped in a Winnipeg courtroom on Thursday when a drug dealer asked the presiding judge for a harsher sentence so he could serve his time at a federal prison instead of a provincial jail.
Eugene Lacquette, 22, appeared in court on the expectation he would be sentenced to 19 months behind bars after being caught by police carrying about $1,000 worth of crack cocaine in June 2009.
The Crown and his defence lawyer Don Mokriy had negotiated a plea deal in the case that resulted in both sides recommending the same amount of jail time.
But Lacquette stopped the hearing halfway through and pleaded with Judge Judith Elliott to give him five extra months behind bars so he could serve his sentence at Stony Mountain prison — a federal institution — instead of the provincially-run Milner Ridge Correctional Centre.
Lacquette said at the outset of his request that he'd "rather be out on the street," but admitted he would rather to go to federal prison because there's more rehabilitative programming and family visits.

Elliott questioned him closely about his request, cautioning him about gang and drug issues at Stony Mountain, telling him that he may be forced by older inmates to do things that may result in him getting into trouble again.
"My decision has nothing to do with that," he said.
Elliott agreed to Lacquette's request, added the time to his punishment and closed the hearing soon after.
Mokriy said after court that it was the first time in his career one of his clients had made such a request.
It's his first conviction for a drug offence, but not the first time he's been to Stony Mountain.
Lacquette wound up there in 2008 after being convicted of possessing a loaded gun and violating the conditions of a weapons prohibition.

Back in jail 5 days after release

Five days after he was granted mandatory release from prison after serving two-thirds of his sentence, Lacquette was nabbed by police in a Point Douglas rooming house with the drugs that brought him before court on Thursday.
Police stumbled upon Lacquette while searching the residence for someone else, Crown attorney Victoria Cornick told Elliott.
Lacquette had hidden the drugs in an aftershave bottle that police pulled out of the front pocket of the sweatshirt he was wearing at the time.
Police also seized $1,510 in cash from him, along with a cellphone.

This drug offender will be surprised when he finds out about the underfunded rehab programs in Stony Mountain. Community based programs are much more effective. Also, I think he will be negatively influenced by the gangs and drugs in prison and more pro-criminal attitudes, values and behaviours. Prison is a negative environment which does not encourage or facilitate rehab or reform. Often prisons are the schools of crime for non-violent drug offenders, such as this man, as the prison subculture outweighs the skills they may have learned leaving them incapable of practicing or incorporating those skills. I would have sentenced this man to a 2 year conditional sentence as opposed to prison of jail where gang and drug influences will likely only increase his chance of re-offending and impact him negatively. 

Wednesday, May 26, 2010

Drug dealer targetted in undercover sting gets three years -- unbelievable!


A Winnipeg man has been sentenced to three years in prison after allegedly being recruited by his older brother to sell drugs for the Hells Angels.

George Adrian Ducharme, 25, pleaded guilty Tuesday to his role in an extensive criminal network that was taken down last winter by an undercover police sting operation.
Ducharme admitting delivering two ounces of cocaine to a long-time biker associate who was working as a secret agent for the police. The March 2009 deal went down in the parking lot of the Boston Pizza restaurant in St. James and was caught on video camera.
Defence lawyer Randy Janis said his client has no gang ties but was talked into doing a "favour" by his brother, who is an associate of the Hells Angels.
"This is big time crime," Queen's Bench Justice Doug Abra told Ducharme. "I recognize it's hard to say no to a brother, but sometimes you have to."
Ducharme was given 30 months behind bars, in addition to six months of time already spent in custody under a joint-recommendation from Crown and defence lawyers. He was one of 31 people arrested last December as part of "Project Divide" and is the eighth to plead guilty. His brother remains before the courts.
Michael Satsatin was the treasurer of the Zig Zag Crew when he agreed to become a secret agent and capture the inner-workings of the criminal organization in exchange for $450,000 and witness protection. Investigators seized 165 ounces of cocaine, 12 ounces of methamphetamine, 12,000 ecstasy tablets, one ounce of heroin and seven pounds of marijuana during their 13-month investigation.

This article is biased towards the Crown and barely lists any arguments made by the defence or anything regarding the background life of this accused. 

I completely disagree with undercover stings and that this man received 3 years! I believe that only the most dangerous criminals who pose a threat to society should be imprisoned. This man had no gang ties and was not dangerous. Selling drugs is not dangerous as it is consenting activity and does not physically harm anybody. Drug offenders should not be in prison, in my opinion. This judge is over-relying on prison. There is no reason this man should be in prison besides revenge. He does not need to be incapacitated and prison sentences do not accomplish deterrence, as most criminals are not rational actors but impulsive and do not weigh the costs and benefits of their actions. In my opinion, this man should have received a conditional sentence. Prisons are the schools of crime. They are negative environments with negative infuences and often minor and non violent offenders such as this man, become more hardened criminals due to the influence of drugs and gangs in prisons. He will likely become more involved in criminal activity as prisons are filled with pro-criminal attitudes and behaviours. Prison for this man, will not accomplish anything. It will not deter others, it will not prevent future crime or reduce crime, it will not rehabilitate, incapacitate, etc. There is no reason to sentence this man to prison. Longer prison sentences actually increase the rate of re-offending and it makes it harder for successful reintegration to happen. Inmates are released with little assistance and become institutionalized where they have no stress management skills, no decision making skills, life skills, no rehabilitation, substance abuse issues, mental health issues, no housing, no employment, no independence as prison only teaches dependence and not responsibility, and they will likely resort back to crime.
Also undercover stings should be banned. They are a form of entrapment and can lead to false confessions, blackmailing, and wrongful convictions.

Tuesday, May 18, 2010

Hells Angel man sentenced to additional jail time


A Winnipeg man is headed to prison after pleading guilty to his role in a major Hells Angels sting operation.
Ryan Cory Sawatzky admitted Tuesday to selling two ounces of poor quality cocaine to a long-time biker associate who was actually working undercover for the police.
Sawatzky, 28, was given 33 months behind bars, in addition to six months of time already spent in custody under a joint-recommendation from Crown and defence lawyers. He was one of 31 people arrested last December as part of "Project Divide" and is the seventh to plead guilty.
Crown attorney Mark Lafreniere said Sawatzky was caught on camera delivering the drugs to the secret agent outside his home last November. Sawatzky had been a prospect with the Zig Zag Crew, which is the feeder crew to the Hells Angels, but had turned in his vest weeks earlier in an apparent bid at a fresh start in life.
He quickly got pulled back in when the agent, Michael Satsatin, came looking $150 in unpaid dues that he still owed, court was told. Sawatzky agreed to eliminate his debt by selling the cocaine, which had been severely diluted by cutting agents and was only seven per cent pure.

Defence lawyer Ian Garber told court his client is a cancer survivor who desperately wants to get out of jail to be a father to his five-year-old son. The boy is currently living with his mother.
Satsatin was the treasurer of the Zig Zag Crew when he agreed to become a secret agent and capture the inner workings of the criminal organization in exchange for $450,000 and witness protection. Investigators seized 165 ounces of cocaine, 12 ounces of methamphetamine, 12,000 ecstasy tablets, one ounce of heroin and seven pounds of marijuana during their 13-month investigation, along with cash, firearms and gang paraphernalia. More than 300 Mounties and police from Winnipeg, Brandon, Ste. Anne and B.C. were involved.

Cancer survivor heads to prison after police sting
A cancer survivor who tried to work his way out of debt by selling drugs for the Hells Angels is headed to prison.
Ryan Cory Sawatzky pleaded guilty Tuesday to trafficking two ounces of poor quality cocaine to a longtime biker associate who was actually working undercover for the police.

Sawatzky, 28, was given 33 months behind bars, in addition to six months of time already spent in custody under a joint recommendation from Crown and defence lawyers.
He was one of 31 people arrested last December as part of Project Divide and is the seventh to plead guilty.
"I have nobody to thank but that (expletive) organization and my (expletive) stupidity," Sawatzky told police following his arrest.
Crown attorney Mark Lafreniere told court Sawatzky was caught on camera delivering the drugs to the secret agent outside his home last November. Sawatzky had been a prospect with the Zig Zag Crew, which is the feeder crew to the Hells Angels, but had turned in his vest weeks earlier in an apparent bid at a fresh start in life.
He quickly got pulled back in when the agent, Michael Satsatin, came looking for $150 in unpaid dues he still owed, court was told. Sawatzky agreed to eliminate his debt by selling the cocaine, which had been severely diluted by cutting agents and was only seven per cent pure.
Defence lawyer Ian Garber told court his client had already fought through two bouts of cancer and desperately wants to get out of jail to be a father to his five-year-old son.
The boy is currently living with his mother.
"To his credit, he had walked away from this group and set out on a better path," said Garber.
Satsatin was the treasurer of the Zig Zag Crew when he agreed to become a secret agent and capture the inner workings of the criminal organization in exchange for $450,000 and witness protection.
Investigators seized 165 ounces of cocaine, 12 ounces of methamphetamine, 12,000 ecstasy tablets, one ounce of heroin and seven pounds of marijuana during their 13-month investigation, along with cash, firearms and gang paraphernalia.
More than 300 Mounties and police from Winnipeg, Brandon, Ste. Anne and B.C. were involved.

I completely disagree with drug offenders being sentenced to prison. Prisons should be reserved for the most dangerous, high risk and violent offenders, not drug offenders, who could be better assisted outside of prison. This man is a father and had gone through a cancer struggle and doesn't deserve to be in prison for selling a small amount of cocaine. Prison is a negative environment which only exposes drug offenders to more pro criminal attitudes, values and behaviours as gangs and drugs are prevalent in Canadian prisons. Prison will not help this man in becoming a more productive citizen. He will likely only become further entrenched in the lifestyle. He is not dangerous to the public, therefore, he should not be in prison. If he has a drug addiction, he can best be helped through community sanctions, not prison, as prison programs are largely under-funded and the prison subculture counteracts with strategies and skills inmates may have learned in a prison program. 

I would have recommended a conditional sentence of 23 months combined with 3 years probation. He could have conditions imposed to live with his wife and son, attend substance abuse programs if he has those issues, community service work and employment assistance.  

Wednesday, May 5, 2010

Hells Angel courier sentenced to 3 years


A Winnipeg construction worker is headed to prison after admitting to trafficking drugs on behalf of the Hells Angels.
Kyle Andrew Oliferchuk, 31, pleaded guilty Wednesday to selling four ounces of poor quality cocaine to an undercover police agent last November. The drug was only 22 per cent pure and had been severely diluted, court was told.

The deal was arranged during a meeting at the Tim Hortons on Archibald Street and was captured on police surveillance happening at Charlee's Resteraunt on Stadacona Street, court was told. Oliferchuk was paid $3,200 in marked police bills in exchange for the drugs.
Oliferchuk was sentenced to three years behind bars, in addition to five months of pre-trial custody, under a joint-recommendation from Crown and defence lawyers.
Oliferchuk was one of 31 people arrested in December as part of a 13-month police investigation called "Project Divide" which targeted members and associates of the motorcycle gang. He is the sixth accused to plead guilty.
Crown attorney Chris Mainella told court earlier this week the Crown is prepared to recommend lenient sentences for those accused who wish to admit responsibility at an early stage.
Oliferchuk has a previous criminal history, including several breaches of court orders, but no direct ties to the Hells Angels. He was recruited by a friend — a former gang prospect — to be a courier in exchange for some easy money, court was told.
Defence lawyer Jay Prober said his client plans to make a fresh start when he is released on parole, including getting married to his girlfriend. Queen's Bench Chief Justice Marc Monnin warned Oliferchuk his sentences will only increase if he continues to be involved in criminal activity.

Construction worker jailed for drug deal
A Winnipeg construction worker is headed to prison after admitting to trafficking drugs on behalf of the Hells Angels.
Kyle Andrew Oliferchuk, 31, pleaded guilty Wednesday to selling four ounces of cocaine to an undercover police agent last November. The drug was only 22 per cent pure and had been severely diluted, court was told.
The deal was arranged during a meeting at the Tim Hortons on Archibald Street and was captured on police surveillance happening at Charlee's Restaurant on Stadacona Street, court was told. Oliferchuk was paid $3,200 in marked police bills in exchange for the drugs.
Oliferchuk was sentenced to three years behind bars, in addition to five months of pretrial custody, under a joint-recommendation from Crown and defence lawyers.
Oliferchuk was one of 31 people arrested in December as part of a 13-month police investigation called Project Divide, which targeted members and associates of the motorcycle gang. He is the sixth accused to plead guilty. Crown attorney Chris Mainella told court earlier this week the Crown is prepared to recommend lenient sentences for those accused who wish to admit responsibility at an early stage.
Oliferchuk has a previous criminal history, including several breaches of court orders, but no direct ties to the Hells Angels. He was recruited by a friend -- a former gang prospect -- to be a courier in exchange for some easy money, court was told.
Defence lawyer Jay Prober said his client plans to make a fresh start when he is released on parole, including getting married to his girlfriend. Queen's Bench Chief Justice Marc Monnin warned Oliferchuk his sentences will only increase if he continues to be involved in criminal activity.

Drug offenders and dealers should not be in prison. What is the purpose? Prison has been proven not to deter, prevent or reduce crime. It actually increases recidivism when offenders are released. Drug offenders are not a risk to society and are not dangerous, therefore, incapacitation is not the goal. Obviously, rehab is not the goal because we all know prison programs lack funding and are not effective. So the goal must be revenge/punishment/retribution. This is the wrong goal to sentence someone for. 

If we truly want to prevent and reduce crime, we need to address the underlying factors contributing to crime. This article made no mention of any mitigating factors for this man, which is biased. When non violent offenders are housed with violent offenders, prisons can be known as the schools of crime as they create more hardened criminals as drugs and gangs are rampant. 

This man made a mistake. He was drawn in by the prospect of making money. His previous record is only for minor breaches. This should NOT warrant a prison sentence. 

If this man has a drug addiction, I would sentence him to get drug treatment and also to learn about the impact drugs have on individuals. I would also say that he needs employment assistance and possibly education, both of which decrease the chance of re-offending. If I were the Judge, I would have sentenced him to a 2 year conditional sentence in the community under strict conditions, to have to associations with known gang members or drug dealers, to live with his girlfriend, curfew, drug treatment and impact programs, and to be working in the daytime. I would also have him pay a fine, which he could work off by doing community service work. 

THIS ^^ is how we should properly teach and assist offenders to become productive members of society once again.  

Saturday, May 1, 2010

Woman violates conditional sentence, must serve remaining time in jail


A Manitoba woman is headed to jail after repeated violations of her conditional sentence ended in a dangerous confrontation with RCMP.

Lillian Orvis was initially given a nine-month period to be served in the community last November after pleading guilty to trafficking marijuana on her home reserve of Bloodvein First Nation. She was re-arrested weeks later for breaching several terms of the sentence but convinced provincial court Judge Michel Chartier to give her one final shot at freedom, rather than suspend the rest of her conditional penalty.
His generosity and tolerance backfired.

RCMP responding to an anonymous tip found Orvis driving drunk through the community in March, when she was supposed to be under 24-hour house arrest and not consuming any alcohol. There were several other people in the car, including her 19-year-old son who was wanted for a hit-and-run accident earlier that day.
Orvis briefly pulled over, then sped away when police tried to arrest her. She narrowly missed running over the foot of one officer.
Police gave chase and followed Orvis to the Bloodvein airport, where she stopped her car and made a run for the forest. Two officers followed her footprints in the snow and found her hiding behind a tree, nearly a full kilometre into the woods.
Orvis began threatening the police and their families, armed herself with a broken tree branch and began punching the officers in the chest while shouting "I won't go down without a fight," court was told. Her son also emerged from hiding and began attacking police, who eventually overpowered both mother and son and got them in handcuffs.
Orvis was given a blood-alcohol test and found to be nearly twice the legal limit. Police charged her with impaired driving, flight from police officer, assaulting a police officer and several breaches of her conditional sentence.

Orvis appeared in court Friday seeking to be given yet another opportunity to succeed in the community. But Chartier wasn't convinced, saying her flagrant breaches must be punished. He noted her probation officer says she has shown an "inability and unwillingness" to comply with her court orders and the various programming and treatment options it provides.
"She has totally disregarded the conditional sentence order. This is a serious case of non-compliance," said Chartier. He reminded Orvis about the strong warning he'd given her months earlier when deciding not to send her to jail for her first set of breaches.
"It was made abundantly clear what the consequences of a further breach might be," he said. Chartier said giving her yet another opportunity would leave him "concerned the integrity of conditional sentence orders and public confidence in the administration of justice would be eroded."
Chartier has now ordered Orvis to remain behind bars until her conditional sentence expires in late August. She must also still deal with the new criminal charges stemming from her latest incident.

I believe in second chances. This was one breach by the woman and she should have been given a second chance to succeed in the community. These breaches, consuming alcohol, and the fact that her son was wanted for a hit run, is a refection of deeper problems within this woman's family and ultimately, the community. If this woman lives on a reserve, I am almost positive they don't offer resources and/or alcohol/drug treatment, which is maybe why she isn't participating in that. 

I also wonder, has restorative or Aboriginal justice, which integrate Aboriginal cultures and traditions, healing, restoration and support circles, been considered as an option for this woman? Likely not. 

I feel that prison should only be reserved for the most dangerous and violent offenders. This woman is not one of them, in my opinion. She made a mistake by consuming alcohol. Everyone makes mistakes and she should be given another chance. How will prison solve this woman's family and community conflicts/problems? It likely will not. I think the Judge should have let her serve the remainder of her conditional sentence in the community and offer family counseling, substance abuse treatment (maybe even a residential place) and a healing circle involving the woman, her son and the police officers who she assaulted. This woman needs help, not prison.