Drug dealer scared of COVID-19 deserves a break, lawyer argues

Welland man caught with more than $60,000 in cocaine ‘frightened’ for his safety

A lawyer for a Welland man caught with more than $60,000 in cocaine in his truck argued his client should be granted extra credit for the time he has spent in presentence custody due to COVID-19.

The federal prosecutor is seeking a jail term of five years for Joshua Nuziato after the 22-year-old pleaded guilty to a charge of possession of cocaine for the purpose of trafficking.

In Ontario Court of Justice in St. Catharines on Wednesday, defence lawyer Craig Zeeh advocated for a lesser sentence, saying correctional facilities are taking steps to try to prevent the potential spread of the coronavirus, however, there have been outbreaks at several jails across the country.

“I have to commend them for doing their best,” he told Judge Fergus O’Donnell. “But it’s still a reality the court and all of us in the justice system must grapple with … that COVID-19 is a real concern.”

“We don’t know when this may end. We don’t know when life will go back to normal, and we don’t have to worry about this.”

Niagara Regional Police stopped Nuziato in February 2019 following an incident at a Welland residence.

Police searched his truck and discovered more than 600 grams of cocaine with an estimated street value in excess of $60,000. Most of the cocaine was packaged in clear plastic bags, each weighing about one ounce. Police also seized more than $11,000 in cash.

Nuziato has been in custody at Niagara Detention Centre since his arrest.

“Being in custody has been extremely stressful and frightening,” the young man said. “I’m frightened for my safety and well-being.”

The defendant said he is housed in an “open range” and is unable to socially distance himself from other inmates. He said the area is not equipped with masks, or sufficient cleaning supplies.

“I am not able to isolate myself effectively and I’m scared to be in custody with the threat of the virus spreading throughout the jail.”

Prosecutor Michelle Colacarro said the defendant’s circumstances “don’t rise to the level to be considered particularly harsh presentence conditions” to warrant enhanced credit.

A five-year sentence, she said, is “proportionate to the gravity of the offence.”

Nuziato told the judge he’s now sober and eager to return to the community.

The judge is expected to deliver his decision May 28.