‘We don’t have vigilante justice’
Daniel Ivan Gallant sentenced to four months in jail after he participated in assaulting a drug dealer with two friends
A P.E.I. man who participated in trying to get money back from a drug dealer after his friend overdosed on Fentanyl was sentenced in provincial court in Charlottetown.
Daniel Ivan Gallant, 42, received a four-month sentence for his role in assaulting a drug dealer with a baseball bat in Cornwall on Feb. 3, 2017.
Gallant’s friend, Aaron MacLeod, overdosed after he unknowingly purchased Fentanyl, believing he was buying a different drug from the drug dealer in Cornwall.
Gallant, MacLeod and Todd Vineham went to the drug dealer’s house to get back the $40 that was spent on “bad drugs”.
“We don’t have vigilante justice,” said Chief Judge Nancy Orr. “We have police to provide service when there is a problem.”
In the presentence report, the court heard Gallant tried to talk MacLeod out of his actions.
“The fact remains he did attend and didn’t stop the incidence once he was there,” said crown prosecutor Jeff MacDonald.
“I think this whole incident is a prime example of when you choose to live outside the law by dealing drugs or consuming substances, bad things are almost inevitably going to happen.”
Defence attorney Yolande Murphy outlined Gallant’s severe addiction issues with drugs and alcohol, as well as his struggles with anxiety.
She admits he comes before the court with a significant record, but that most of those offences appear to be related to drugs, alcohol and thefts.
“Assault is not typical for Mr. Gallant,” said Murphy.
Gallant had one prior assault on his record from 2000.
In sentencing, Orr said Gallant, MacLeod and Vineham should have turned to police, rather than take matters into their own hands.
“You don’t gather up your friends and decide to go the drug dealer’s house and beat him up to get the money back for the bad drugs.”
MacLeod, who was the buyer and the developing mind behind the plan, received 90 days for the offence and Vineham received 60 days.
Both had no prior criminal record.
Gallant received four months for the assault plus another month for failing to attend court Dec. 18, 2017.
Gallant has been on remand for 56 days and received credit for 84 days served.
He also received 18 months of probation, must pay $200 in victim surcharges and refrain from having contact with MacLeod, Vineham and the drug dealer.