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News (Media Awareness Project) - CN ON: Keep Guns, Drugs Out Of Town: Judge
Title:CN ON: Keep Guns, Drugs Out Of Town: Judge
Published On:2007-04-06
Source:Sudbury Star (CN ON)
Fetched On:2008-01-12 08:55:45
KEEP GUNS, DRUGS OUT OF TOWN: JUDGE

People who come to Sudbury from Toronto with a loaded handgun and
drugs to deal ought to know they will be caught and jailed for a long
time, a Sudbury judge told two Toronto men who came to Sudbury last
June with a loaded handgun and drugs to sell.

Dane Charles Roberts, 20, was sent to prison for 33 months, while
Barry Thomas, 23, was given a 22-month term Thursday.

The two pleaded guilty before Superior Court Justice Robert Del Frate
to possession of cocaine for the purpose of trafficking. Roberts also
pleaded guilty to possession of a Walther P38 nine-millimetre pistol,
possession of a weapon while prohibited from possessing weapons and
breaching a court order.

The two were involved in selling cocaine to an undercover police
officer on June 6 and June 7 last year. The first sale was for 25.2
grams of crack cocaine for $1,600. The second sale was for two ounces
for $3,300.

A week later, they were passengers in a taxi pulled over by Greater
Sudbury Police in the Bloor and College streets area of the city.

As Roberts got out of the taxi, police noticed the handgun in a
partially open knapsack he was carrying. There were nine live rounds
in the weapon's magazine, although the chamber itself was empty, said
federal drug prosecutor Richard Hunneault.

Also found were about 386 grams of crack cocaine worth an estimated
$38,600 on the street, more than $2,000 in cash, as well as scales.

Roberts' lawyer, Bob Beckett, told the court his client carried the
handgun for protection after suffering life-threatening injuries from
a stab wound when he was 18.

The gun was intended as a deterrent, he said.

Both Roberts and Thomas have been held in Sudbury Jail since their
arrest last June. In September, Roberts was attacked by other inmates
and required medical treatment that included 65 stitches, said
Beckett. Roberts - who like Thomas is black - was unwelcome in many
parts of the jail and was not able to attend academic upgrading for a
time because other inmates refused to be with him, said Beckett.

"On at least three occasions he had to defend himself," in the jail,
said Beckett.

"It seems to me," said Hunneault, Roberts "made a conscious decision
to embark on a lifestyle which can do no good."

He was attracted by the lure of quick cash, but "that lifestyle
catches up to everyone some time."

"Very few things affect the security of a community more than the
introduction of handguns on the street," said provincial prosecutor
Marc Hunneault.

Handguns "have become an issue in this community. I don't really care
whether the gun was ever intended to be pointed or fired, they serve
no useful purpose."

Their availability in a confrontation can only lead to disaster, he said.

"We cannot let this community live through the insecurity" that other
communities are having to deal with.

Thomas had no previous criminal record before Thursday's court
hearing, said lawyer Alex Toffoli, and had been employed as a
supervisor at a Toronto-area call centre.

The day of his arrest, Thomas' common-law wife gave birth to the
couple's first child.

The judge said he was impressed by the level of family support
apparent for the two men, and of their apparent intelligence, "and
yet here we are."

The potential danger created by the presence of the loaded handgun
was tremendous, he said. "I could just see a police officer or
yourself .. it's a good thing neither overreacted in that situation.
We are all thankful no serious injury or harm resulted from that
occurrence that day," he said.

There was definitely a need for deterrence in this case, said the
judge. People need to know, "if they want to come to Sudbury and they
have a gun and they want to sell drugs, they are going to get caught
and you're going to jail for a long time."
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