Leamington drug dealer sentenced to 10 years

A Leamington man who used and dealt the kinds of hard drugs that “wreak havoc” on area communities has been sentenced to 10 years in prison.

When it comes to the punishment judges are meting out to those fuelling an escalating opioid epidemic on local streets, “you're going to see an uphill trend,” said Sue Szasz, the federal Crown in this most recent court case.

Defence lawyer Neil Rooke said Cody Crowley, 30, was part of the local “drug subculture” who not only sold fentanyl and meth but was also a user.

Superior Court Justice Maria Carroccia on April 24 accepted a joint recommendation of both prosecution and defence of 10 years in prison, with Crowley receiving 21/2 years enhanced credit for time spent in presentence custody.

Crowley's guilty pleas and sentencing resolved three separate sets of charges totalling 49 criminal counts and spanning a period from August 2021 to March 2023. Each set of charges included three counts of possession of fentanyl, methamphetamine and cocaine for the purpose of trafficking. There were also multiple firearm and ammunition counts.

A particularly aggravating feature in the case was the fact Crowley was granted bail pending trial following each of his first two police arrests. Firearms and/or ammunition were seized and the amounts of drugs involved kept climbing.

According to the agreed facts presented in court last month, the March 10, 2023, bust saw police seize 130 grams of fentanyl, 53 grams of methamphetamine, 50 grams of powder cocaine and 60 grams of crack cocaine.

“That's a lot of fentanyl,” said Rooke, a Windsor criminal defence lawyer. According to the U.S. Drug Enforcement Administration, a mere two milligrams of the synthetic opioid is potentially lethal.

“He wasn't being deterred, he was only escalating — a strong message needs to be sent,” Szasz said.

As in other Canadian cities, the trafficking and use of fentanyl locally has triggered an opioid crisis with an escalating death toll. Just from his own experience, Rooke said he's lost “upward of 16 clients” to fatal drug overdoses over the last 18 months in Windsor, Chatham and Hamilton.

Canadian sentencing in the past has been relatively empathetic to those caught up themselves in the drug epidemic, but Szasz said the Supreme Court of Canada has set a tougher tone.

“If you're going to traffic in fentanyl, you're going to receive (stiffer penalties) — every time,” she said.

“We know the dangers of fentanyl, and the community is aware that fentanyl is deadly.”

Rooke described Crowley's “horrendous upbringing” with his biological father and stepmother themselves involved in the drug subculture.

“His first contact with police was when he was an infant — he was in and out of foster care,” Rooke said of his client, who has children.

Rooke said he understands the frustration and outrage of the public and politicians when serious crimes are seen being committed by those released on bail. But he said that view comes with the advantage of hindsight and that the justice system must treat people as innocent until proven guilty of any crime.

If you're going to traffic in fentanyl, you're going to receive (stiffer penalties).