Man gets hefty prison term for repeat cocaine, gun convictions
Being convicted in nearly identical circumstances from an earlier police bust — in possession of handguns and a significant amount of cocaine — demanded a significant prison sentence to send a clear message to others, a Windsor judge said.
Based on a joint recommendation from the Crown and defence, Superior Court Justice Kirk Munroe on Thursday handed Kirk Mcnorton, 49, an 81/2-year prison term.
Given Mcnorton’s criminal background, Munroe described the sentence as being “at the very bottom of the acceptable range” but agreed with federal prosecutor Ed Posliff that it reflected the gravity of the offences and served as both denunciation of Mcnorton’s crimes and as a message of general deterrence to others.
Following an investigation by the Windsor Police Service’s drugs and guns unit, Mcnorton was arrested without incident in the 1300 block of Wyandotte Street East on Sept. 14, 2017.
Discovered on him was a quantity of suspected cocaine, bundles of Canadian currency and a switchblade knife.
Armed with a warrant obtained earlier, police then searched his home in the 200 block of Reedmere Road, where they found more drugs, paraphernalia consistent with drug trafficking and two handguns, with nearby ammunition for both.
Police pegged the street value of the 963 grams of seized powder cocaine and 163 g of marijuana at almost $100,000.
Mcnorton was charged with 27 criminal counts. He pleaded guilty last fall to nine of those, including possession of drugs for the purpose of trafficking and possession of prohibited and restricted firearms.
With Mcnorton’s parents present in the courtroom, defence lawyer Maria Carroccia said her client, who is married and a father, has received glowing reports from officials at Windsor’s South West Detention Centre.
Carroccia said he’s been seeing a psychiatrist and is being treated for depression and anxiety disorder.
“He has expressed genuine remorse,” said Carroccia, adding Mcnorton’s “model inmate” behaviour while in pre-sentence custody since September 2017 “demonstrates he’s really set his mind to changing.”
Mcnorton’s mind was obviously not changed after he was sentenced to five years in prison in 2012 for a previous similar police bust in 2010, also involving the possession of prohibited firearms but with a much larger — five-kilogram — seizure
He’s really set his mind to changing.
of cocaine.
The judge on Thursday gave Mcnorton 42 months of enhanced credit for the 28 months he had spent in pre-sentence custody since his most recent arrest, leaving a balance remaining to serve of 60 months, or five years.
Munroe also handed Mcnorton a lifetime weapons prohibition, something he was previously given in 2012, and he was ordered to submit a blood sample for the police DNA databank used to help solve crimes.
The judge also agreed to a forfeiture order for the firearms and the $15,301 in Canadian and $748 in American cash seized by police at the time of his arrest.
Munroe lauded Mcnorton’s rehabilitative efforts during his time in pre-sentence custody, but described his earlier drug dealing, particularly in connection with possessing restricted firearms, as “a major aggravating factor.”
Later, after Mcnorton was permitted to hug his parents before being led out of court, Carroccia told the Star that it was “a significant sentence but fair in the circumstances.”