January 28, 2014 - 5:43 PM
PENTICTON - Judge Vince Hogan didn't buy a Penticton man's story about police seizing his rent money when they arrested him for trafficking in drugs.
Wesley James Yungen, 41, who plead guilty to drug trafficking and resisting arrest in Penticton Provincial Court today, wanted the $639.85 taken from him by the RCMP. The money was confiscated during his arrest on Nov. 7 and Yungen said it's his rent money. Hogan refuted this and said a drug trafficker would not carry money for his rent while conducting business.
Crown prosecutor Ashleigh Baylis said when police moved in to apprehend Yungen he made a run for it. He ran for 20 to 40 metres, stopped, faced the pursuing officers and was taken to the ground. Small plastic objects were crushed during the seizure.
A police dog was called in and while the canine detected narcotics no physical evidence could be recovered she said. Police suspected Yungen also had heroin pellets but these are nearly indistinguishable from the gravel covering the ground.
Yungen, who appeared via video, said he collects disability cheques and the money he had when he was arrested was to pay for his rent.
Hogan wasn't buying it. He pointed out Yungen's lengthy record calling it "a kind of sampler of the Criminal Code of Canada" and said the cash was just part of Yungen's till.
"It's just part of the float," Hogan said. The money will now be forfeited.
Yungen was sentenced to 12 months for one count of trafficking in a controlled substance, with 82 days of time already served, and 60 days for resisting arrest. Both sentences will be served at the same time. The count of escaping from lawful custody was stayed.
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