Judge satisfied accused was owner of gun, drugs, money

A Vernon man has been found guilty of five drug and gun charges, including possession of a prohibited or restricted firearm and possession of cocaine and methamphetamine for the purpose of trafficking.

On July 27, 2014, firefighters and police officers responded to a fire at a condo complex on 44 Street in Vernon.

Upon arrival, an officer saw the accused, Cody Wellington, running around in a panic.

He told police he had been asleep in his apartment when he awoke to a bang and smoke and he ran out.

Later that day, Welington’s roommate, Brandon Boyce, attended the police station and provided a statement indicating he had started the fire.

Wellington and Boyce were renting the apartment at the time of the fire.

In a search of the apartment, police found records of drug trafficking transactions, and a safe containing documents with Wellington’s name on it, along with small bags of drugs.

A second safe contained a Mauser handgun and clip in a sock, along with more drugs and cash.

Wellington argued there was not sufficient evidence to prove he was in possession of the drugs or the gun.

Wellington was one of the tenants on the residential tenancy agreement, and he was clearly staying at the residence at the time, Justice Allan Betton wrote in his decision released on May 31.

The evidence also proved Wellington was the occupant of the room containing the safe.

The theories raised by the accused were “neither plausible nor reasonable,” Betton said.

“The evidence taken as a whole does prove, beyond a reasonable doubt, that the accused had the knowledge and control necessary for him to be found guilty of the possession of the various items in each of five counts in the indictment.”