8-year term sought for drug trafficker

Sentencing hearing underway for Lake Country gang member

A Lake Country gang member charged with several drug and firearms offences should be sentenced to eight years in jail, the Crown argues.

Donahugh McWhirter is charged with five counts of possession of a firearm contrary to an order, three counts of unauthorized possession of a firearm and two counts of possession for the purpose of trafficking,

He entered guilty pleas on Feb. 5 to two counts of possession for the purpose of trafficking, two counts of unauthorized possession of a firearm and two counts of possession of a firearm contrary to an order.

His sentencing hearing, which is expected to last three days, began Monday in Kelowna with concerns from the Crown, defence and Justice Barry Davies about the pre-sentence report.

The writer of the report said although McWhirter entered guilty pleas, he continued to deny his involvement with drug trafficking.

“I don’t want to cross-examine you, sir, but I need to know whether or not you have freely and voluntarily agreed with the plea you entered on February 5, and that this statement in the presentence report is erroneous,” Davies said to McWhirter in court.

McWhirter said the writer of the report made a mistake, and what he meant was he no longer has any involvement in drug trafficking. The guilty pleas were confirmed. In March 2014, the Combined Forces Special Enforcement Unit of B.C. began investigating the drug trafficking activities of McWhirter and his associates in relation to the Independent Soldiers gang working out of Kelowna.

The investigation concluded on Jan. 30, 2015.

In that time, McWhirter was prohibited from driving. His primary mode of transportation was as a passenger in a black Audi S4, which was registered in the name of his girlfriend Brittany Stinn, Crown prosecutor Perbeen Mann told the court.

On several occasions, McWhirter was seen driving the Audi, said Mann.

On Nov. 4, 2014, McWhirter and Stinn were stopped at a traffic stop near Merritt, on the way back to Lake Country from Maple Ridge.

This was their fifth trip to the Lower Mainland in one month, said Mann.

“It is believed by police these trips were made to pick up drugs from (Maple Ridge) and to transport the drugs for distribution in the Kelowna area,” she said.

At the time of the traffic stop near Merritt, McWhirter was in the driver’s seat and Stinn was in the passenger’s seat.

A search of the vehicle yielded 499 grams of methamphetamine, 502 grams of beige powdered MDMA, 5,595 MDMA pills weighing 1,399 grams, 248 grams of red powdered MDMA and 157 grams of an unidentified substance.

The total value of all drugs was $84,200 if sold in bulk and $180,850 if sold at street level, said Mann.

A Kelowna RCMP drug trafficking expert said the drugs seized were indicative of a low- to mid-level supplier supplying other drug dealers or street-level traffickers.

A search of McWhirter’s Lake Country home yielded shotgun shells, a crossbow, a large sword, 16 cellphones, a drug score sheet, three digital scales, three plastic bags with white powder, a metal pill press, a pistol, vials of steroids and many new zip-lock bags.

McWhirter has a long criminal record, starting with three youth convictions of breaking and entering and theft under $1,000 in 1986, 1987 and 1988.

His adult convictions, starting in 1990, include possession of narcotics, possession of a controlled substance, possession of cannabis, dangerous driving, mischief, assault with a weapon causing harm, trespassing at night and failure to provide a sample.

His longest jail sentence so far, according to Mann, was six months in jail for assault with a weapon causing harm.

Mann argued Monday for an eight-year jail sentence for the charges before the court.

Defence counsel is expected to provide her sentencing submissions today, and Davies is expected to give his decision Wednesday.