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February 12, 2022 - 6:00 PM
A couple of Okanagan drug dealers busted in a Walmart parking lot for selling fentanyl have received dramatically different sentences for their part in the same crime.
Justice Gary Weatherill sentenced Elkena Michael Knauff to two-and-a-half years jail. He had committed eight separate crimes since being released on bail for his part in a dial-a-dope operation.
Meanwhile, Cheryl Lynn Aeichele, arrested and charged for the same crime, will spend 18 months under house arrest.
The case highlights that a person's previous criminal history, combined with their willingness to reform, goes a long way in influencing what sentence a judge will impose.
The case dates back to September 2017 when Knauff, 36, and Aeichele, 43, were both arrested at the Penticton Walmart parking lot.
According to a Jan. 20 B.C. Supreme Court decision, the pair were caught "red-handed" selling "dime-bags" of drugs.
The vehicle they were in was searched and police found "baggies" of methamphetamine, cocaine, benzocaine, and a fentanyl-cocaine mixture kept in a small safe. Police also found money, a digital scale, empty dime bags, two cellphones, and credit cards and identification not belonging to either of them.
Four and a half years later, the pair appeared at the Kelowna courthouse, Jan. 20, to learn their fate.
Crown prosecutors asked for four years prison for Knauff and 18 months for Aeichele.
"Before discussing what I consider a fit sentence for each of you, I want to emphasize that you were both convicted of possession for the purpose of trafficking hard drugs," Justice Weatherill said in the decision.
"The drugs that you had are drugs that we are all reminded on a daily basis cause death, destruction, havoc in our communities," the Justice said. "Addiction to drugs leads to all kinds of other crimes and it has grown to the point in our society, and as I say we are reminded on a daily basis of the death and destruction and havoc it causes to all communities right across Canada."
According to the decision, Knauff has a lengthy criminal record and previously spent time in jail for aggravated assault and assault causing bodily harm. He's also spent time behind bars for a series of lesser offences.
Knauff's lawyer argued he should receive house arrest as he was an untreated addict with undiagnosed psychological issues.
Justice Weatherill disagreed.
"You have not shown any indication that your criminal behaviour is going to change, that you are going to cease associating with unsavoury persons, or that you have any inclination to turn your life around," the Justice said. "You have no respect for court orders or indeed the law."
However, Justice Weatherill took a far different approach when deciding on a sentence for Aeichele.
According to the decision, Aeichele did not have a previous criminal record and had struggled with mental health issues since being a teenager.
She's previously been addicted to cocaine while in a previous abusive relationship. She's now been sober for seven years, with the odd relapse.
She regularly attends narcotics anonymous meetings and has received treatment for drug dependency.
The decision says she was stabbed in the back during a home invasion in 2019 and now suffers from post-traumatic stress disorder and is hypervigilant.
She currently works caring for cancer patients.
"In this case, there are factors which weigh in your favour," the Justice told Aeichele. "There is some basis to believe that you have made changes in your life and that you are in the process of moving forward in a positive direction."
The Justice pointed to letters of support from sponsors and family and friends, along with "heartfelt comments" said to the Justice. The comments are not given in the court decision.
"You have taken steps to turn your life around and that a sentence in the lower end... would be a fit sentence in your case," the Justice said.
Justice Weatherall then sentenced Aeichele to 18-months house arrest.
With time already served behind bars, Knauff will spend another two years in prison.
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