Jailed South Okanagan fentanyl dealer gets more prison time for drug dealing | iNFOnews | Thompson-Okanagan's News Source
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Jailed South Okanagan fentanyl dealer gets more prison time for drug dealing

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A South Okanagan fentanyl dealer currently doing five years in jail for firearms offences, has had another 18 months tacked onto his sentence after being convicted of drug dealing.

However, the sentence is a year shorter than what Crown prosecutors wanted.

According to a March 28 BC Supreme Court decision, Marshall Wilson Hunter was pulled over in his truck Green Mountain Road outside of Penticton in October 2020.

Police found fentanyl and methamphetamine valued between $2,500 and $10,000 – depending on how it was sold – along with $7,000 cash in his jacket pocket, a hunting bow, an air gun and a four-inch knife.

BC Supreme Court Justice John Gibb-Carsley came to the "inescapable conclusion" that the drugs were not for personal consumption and convicted Hunter of drug trafficking.

Crown counsel argued that Hunter, who has 45 previous convictions and five for drug dealing, should serve another two-and-a-half years on top of the sentence he was currently serving.

However, Justice Gibb-Carsley said as Hunter was already incarcerated he had to ensure that the overall sentence was not too harsh.

"While I acknowledge that minute amounts of fentanyl can be lethal, Mr. Hunter only possessed 28 grams of fentanyl, which is not a significant amount as compared to many of the cases put before me by the Crown," the Justice said. "Mr. Hunter, is considered only a street-level dealer."

The decision said Hunter grew up in Oliver and his father was addicted to drugs and alcohol.

"Mr. Hunter watched his father do 'whatever he wanted,' including using drugs and alcohol and being violent. Mr. Hunter says that he had bad role modelling from a young age and believed that how his father acted was how he should act," the decision read.

Hunter started drinking and using cannabis at 15 years old and was taking hard drugs by 20.

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However, by 25 he had gotten his welding ticket and moved to northern Alberta to work. He stayed for six or seven years before the 2008 economic recession put an end to it.

Now 44 years old and in jail, Hunter is dealing with his addiction issues, the decision said.

"Mr. Hunter has had extensive time in custody where he appears to be succeeding in battling his addictions and the underlying issues that may be contributing to his addictions and criminal behaviour. His actions and positive steps show positive signs for rehabilitation," the Justice said.

The Justice highlighted Hunter's commitment to sobriety and the improvements he'd made while in jail, along with his Indigenous heritage as reasons to go with a sentence less than what was sought by the Crown.

"This background circumstances suggest that his moral blameworthiness is lessened because of his very difficult family circumstances growing up, especially the lack of a positive role model in his father, and what appears to be negative role modelling, especially in respect (to) drug and alcohol abuse and violence," Justice Gibb-Carsley said.

Ultimately, the Justice sentenced Hunter to 19 months of more time behind bars.


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