The lawyer defending a Prince George man arrested during a drug-related takedown in College Heights nearly two-and-a-half years ago urged a B.C. Supreme Court Justice Friday to issue a sentence that would be served outside of jail.
Speaking on behalf of Joel James Pennell, 23, during a sentencing hearing at the Prince George courthouse, lawyer Ben Levine described his client as a "very young man who made a very poor decision," and contended a conditional sentence is in order.
Pennell was among three men arrested June 27, 2011 after undercover RCMP conducting surveillance of the parking lot at a College Heights shopping area came across some suspicious activity.
Police uncovered two ounces of cocaine, one ounce of methamphetamine, a quantity of prescription drugs and ecstasy, a sawed off shotgun and about $7,000 in cash, RCMP said at the time.
And a subsequent search of an O'Grady Road home turned up methamphetamine, cocaine, crack cocaine, ecstasy, and marijuana, adding up to about $40,000 in street value. A loaded Ruger SR22 semi-automatic rifle and extra magazine were also seized from the residence.
In March 2012, Kirk Douglas Blatchford, 32, was sentenced to four months in jail for possession for the purpose of trafficking while Pennell and Kaylan Stefan Rodney Olson, 25, continued to fight their charges.
After a lengthy voir dire, Justice Patrice Abrioux concluded the Charter rights of Pennell and Olson had not been violated and the two pleaded guilty to counts of possession for the purpose of trafficking in cocaine, methamphetamine and ecstasy. Pennell also pleaded guilty to possession of a prohibited weapon without a licence.
Levine said Pennell had been selling drugs for about a year to support an addiction to Valium. He had been taking as many as 15 pills a day and suffered a seizure while in custody, the court was told.
Crown counsel Neil Lauder had maintained Pennell was a mid-level dealer working out of the College Heights home. Although he was attending College of New Caledonia, Pennell enjoyed a better lifestyle than a typical student, Lauder said, noting he lived in a "nice" home with two late-model vehicles in the driveway.
Levine suggested Pennell was "more of a delivery person" and urged Abrioux to be cautious about evidence regarding the "meets" RCMP came across in the parking lot, arguing there was no evidence beyond reasonable doubt that they were drug related.
In response, Abrioux asked Levine if he should also be cautious about Pennell's claim that he had intended to get rid of the gun RCMP found in his truck by throwing it in the river and later said he was "concerned" about the statement.
In the time since his arrest, Pennell has moved away from Prince George and has established two successful businesses - a skateboard and apparel shop and a website design service - is in a steady relationship and is close to completing a degree, Levine said.
Levine said a conditional sentence could achieve the objectives of denunciation and deterrence and suggested it should last for two years less a day, with house arrest during the first year and a curfew during the second, followed by two years probation. Levine also suggested Pennell serve 30 to 50 hours of community service by speaking to young people about the dangers of drugs and drug dealing.
As for Olson,lawyer Jason Leblond also argued for a conditional sentence rather than jail when giving submissions on Thursday.
Abrioux will make a decision at a later date.
