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News (Media Awareness Project) - CN BC: Saanich Man Sentenced For Invading Home Of Drug Dealer
Title:CN BC: Saanich Man Sentenced For Invading Home Of Drug Dealer
Published On:2007-03-20
Source:Victoria Times-Colonist (CN BC)
Fetched On:2008-08-17 07:49:51
SAANICH MAN SENTENCED FOR INVADING HOME OF DRUG DEALER

A Saanich man who staged a home-invasion style robbery with a
sawed-off shotgun in a vigilante attempt to close down a cocaine
dealer, was handed a community sentence yesterday.

Rick Joseph Zarelli, a big, bald man bulging the seams of a black
suit and wearing earrings in both ears, was handed a sentence of two
years less one day to be served at home with a curfew. He pleaded
guilty last week to break and enter to commit robbery and wearing a
mask while committing an offence.

Court heard Zarelli, 47, and an accomplice donned balaclavas, and
with Zarelli carrying a sawed-off shotgun -- which court heard was
unloaded -- and his partner carrying a roll of duct tape, entered the
home of an admitted cocaine dealer on Oct. 23, 2004.

Inside the apartment at 804 Esquimalt Rd., Zarelli demanded money and
drugs. He was handed about $200 and an oil can with a false bottom
containing about 40 grams of cocaine worth about $3,200 to the dealer.

Nobody was tied up or struck. But as Zarelli and his partner left one
of them said, "Don't tell police or your families will be killed."

Police were called, however, and the two men were arrested a short
time later with the money, the oil can, the cocaine, the ski masks and the gun.

At the sentence hearing last week, defence counsel Bradley Hickford
said the crime was a special case since Zarelli really wanted only to
scare the cocaine dealer into shutting down.

Hickford said Zarelli had seen him selling to young people and twice
asked the drug dealer to stop.

Hickford said unlike most home invasions, Zarelli's crime was
motivated neither by greed nor vengeance.

The only reason police found the cocaine in the vehicle was because
Zarelli was unwilling to dump it in the street where a young person
might find it.

Crown counsel Jeni Gillings said motives aside, it's well established
in Canadian courts that home invasions get tough punishment.
Zarelli's crime warranted a sentence in the range of three to six
years, Gillings said.

Judge J. Michael Hubbard agreed with the Crown, saying there was no
justification for Zarelli and his partner to resort to "vigilante justice."

Hubbard noted in most cases he would find the defence submissions
hard to swallow. "I would normally be somewhat cynical about such a
positive claim on a crime such as this."

But the judge also noted Zarelli's letters of character reference,
including one from a senior police officer.

Hubbard said he was especially moved by a letter from one of
Zarelli's three grown daughters describing her father's support when
she was pregnant after the child's father had committed suicide. This
support came even after Zarelli was coming off cancer treatment himself.

Hubbard also said it was clear Zarelli was remorseful and was not a
threat to the community.

Meanwhile, Randall David Fox, 36, has been scheduled to appear on
April 19. Fox also pleaded guilty to the same charges as Zarelli last
week but his sentencing was adjourned.
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