Man sentenced to three years for handgun and cocaine possession

A man caught carrying cocaine and a loaded handgun was sentenced to more than three years behind bars Wednesday, after the judge asserted he deserved a break because police violated his rights.

Omar Muhammad Omar, 22, received a 40-month sentence. But with credit for almost 29 months he served in pretrial custody, he will only serve another 11.4 months.

“The presence of a gun potentially threatened the lives of everyone he came in contact with,” said Superior Court Justice Pamela Hebner.

Omar, who could have been facing five years in prison, was convicted in January of cocaine possession, carrying a concealed firearm, possession of a handgun while prohibited, possession of ammunition while prohibited and carrying a handgun in a careless manner.

He was arrested early in the morning on Nov. 19, 2015. Police stopped Omar and his friend as they walked near Richmond Street and Walker Road. Justice Pamela Hebner said Wednesday police were looking for someone who had just robbed a Mac’s Convenience Store three blocks away.

An officer told Omar to take his hands out of his pockets. When Omar did that, the officer noticed the butt of a gun in one of the pockets. It was an antique-style .32-calibre revolver. After they arrested Omar, police searched him and also found eight grams of cocaine.

Omar admitted on the stand that he was a cocaine user. He said he rode the train to Windsor from his home in London armed with the gun. But he said he carried the gun for protection after being stabbed seven times earlier that year.

The day following the arrest, Windsor police held a news conference holding Omar up as an example of why they oppose Ontario’s prohibition on street checks.

They argued the arrest would not have happened under new regulations that prevent police from arbitrarily asking people for identification.

During a sentencing hearing in July, Omar’s lawyer argued the sentence should be mitigated because police violated his charter rights by stopping him.

Lawyer Patricia Brown pointed out that one of the arresting officers admitted in open court he had no reason for stopping Omar.

Brown asked for a jail term of two years less a day.

Hebner agreed that Omar’s rights were breached under sections of the Canadian Charter of Rights and Freedoms concerning freedom from unreasonable search and seizure, and right to legal counsel. Despite that, she ruled that the guns, ammunition and drugs Omar had should still be entered into evidence.

But Hebner said Friday the charter breach was one of several mitigating factors she considered in the sentencing, including Omar’s young age, his remorse and his attempts to change while behind bars.

However, she also noted several aggravating factors including his previous criminal record and history of not following court orders. She also noted that Omar, in custody since his arrest, was put into segregation three times in the South West Detention Centre.

The segregation was for misconduct that included having contraband, refusing to return to his cell, and trying to start a fight between two other inmates.

The presence of a gun potentially threatened the lives of everyone he came in contact with.