Sidney man’s guilty plea in gun, drug charges an ‘unusual twist’

A Sidney man has pleaded guilty to a number of drug and gun charges, saying his co-accused had nothing to do with them.

Michael Phillip Desbiens, 33, pleaded guilty to possession of cocaine, fentanyl, heroin and MDMA for the purpose of trafficking and to possession of a loaded semi-automatic handgun without a licence. Desbiens, wearing red sweats issued by the Vancouver Island Regional Correctional Centre, entered the pleas with his lawyer Donald McKay by his side in B.C. Supreme Court.

At the same time, in the prisoner’s box beside Desbiens, his coaccused Dezmond White, wearing a grey suit and black-rimmed glasses, stood and pleaded not guilty to the offences.

The Crown has stayed all charges against a third co-accused, Jeremiah James Hackland.

The three men were arrested on Oct. 25, 2016, during a traffic stop. Police pulled the car over into a motel parking lot because they suspected Desbiens, who was a prohibited driver, was behind the wheel. They discovered Hackland was driving, Desbiens was in the front passenger seat and White was seated in the back behind the driver.

Police saw the handgun in the side pocket of the back seat and called the Emergency Response Team.

On Dec. 4, White’s lawyer, Brad Hickford, told the court that the case had taken “a rather unusual twist.”

The previous week, the Crown disclosed a copy of a letter sent by McKay indicating Desbiens would swear in an affidavit that he owned the drugs and the firearm, Hickford said.

That Friday, Hickford received the 19-paragraph affidavit signed by Desbiens. In the affidavit, Desbiens wrote he was giving White a ride home from the 7-Eleven where he had been buying groceries. He said White had no idea there were drugs and a firearm in the vehicle.

Although police found White’s DNA on the handgun, Desbiens wrote that White had been in his Sooke home and handled the gun briefly. White’s DNA must have been transferred through sneezing, coughing or speaking, Hickford said.

It’s expected Desbiens will appear as a witness at the end of the Crown’s case. It’s not clear whether he will testify as a witness for the defence or whether the court will call him as a witness.

McKay told Justice John Steeves that Desbiens had recently been convicted of other drugs and weapons offences and is going to set a date for sentencing. McKay suggested both matters be heard at the same time.

At the earlier trial, Desbiens was convicted of possessing cocaine, heroin and methamphetamine for the purpose of trafficking and possession of a sawed-off shotgun without a licence in June 2017. Charges were stayed against a 26-year-old Saanich woman who was driving the car.

James Desrosier, who was arrested at the same time, pleaded guilty on the first day of trial to simple possession of drugs that police found on his person.