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Collingwood Connection
Jail time for Project Splinter drug dealer
Date: Jun 10, 2009
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Twenty-year old Joshua Wensley, of Collingwood, entered in-custody pleas on June 2 to offences of trafficking in ecstasy and disobeying a bail term by wrongful association.

The defendant was sentenced to 100 days in jail on top of pre-trial custody of about 110 days, to be followed by 12 months on probation.

Federal prosecutor Scott Thomson outlined the OPP's now well-know Project Splinter. In the Ontario Court of Justice, Collingwood, the Crown, read that the Drug Enforcement Unit's Project was in its inception when on Aug. 29, 2008, an undercover operative received a call from Wensley enquiring about a purchase of ecstasy tablets. The officer arranged for the accused to meet with him in Collingwood along with 'Mike,' whose true identity was Darryl Black, 25, of Barrie. All three then drove to Barrie for the drug transaction. Once there, a second co-accused, 25-year old Cory Anderson, became involved.

Black was driven to a McDonald's restaurant, leaving the undercover officer with Wensley in the vehicle as planned. Black soon returned with Anderson, bearing a fast food bag and a plastic Baggie-containing 484 tablets of ecstasy. Court heard that the $1,750 exchange was made, and Wensley was dropped off in Collingwood after the parties dispersed.

Thomson added the federal Crown's position was for five to eight months behind bars - differing greatly from defence counsel Brian McLellan's argument for time served plus probation. McLellan stressed Wensley's limited role in the drug deal, citing the lack of prior related convictions.

"The drug did not pass through Mr. Wensley's hands, and he didn't know he was going to Barrie, there was no discussion of drugs between Black and Wensley, it was all Black and (the undercover officer)," the lawyer said.

Mr. Justice Roland Harris, however, found the offences "troubling."

"Drugs are a special problem in this area as highlighted by this Project," he wrote.

Wensley was ordered to avoid any contact with either Black or Anderson, and to take counselling for substance abuse. A 10-year weapons ban and a DNA order were made, although the defendant has already given a DNA sample.

For his part in the drug deal, Darryl Black received a six-month jail sentence last May, with Cory Anderson being sentenced to 24 months behind bars on multiple pleas.

Theft on dare earns six months

Adam Wyant, 19, of Stayner, was sentenced June 2 after guilty pleas in April to three charges of theft under $5,000. He received six months of house arrest with 12 months on probation attached. Court heard the defendant was an employee of the Essa Mac's convenience store in Stayner when on consecutive days in January, 2009 he stole over $700 at the urging of his peers.

Crown attorney Dean Ring concurred with the submissions of duty counsel lawyer Gail Mumford in arriving at the conditional sentence and full restitution.

Wyant was ordered to stay out of any Mac's Milk stores, and to "not work at any business where he handles cash." Seventy-four hours of community service will be carried out within the first six months of the probation, and he has 30 days to make good on the restitution order.

Disturber jailed one day

A 46-year-old man of no fixed address pleaded guilty from the prisoner's box May 26 to causing a disturbance by swearing.

Glenn Nykyforchyn received a sentence of time served plus one more day behind bars. Crown attorney Dean Ring read that on Oct. 20, 2008 the accused came to the attention of Huronia West officers who were summoned to the Tim Horton's in Elmvale. Nykyforchyn had become "upset with service staff, began yelling at patrons, and was loud and vulgar," alleged Ring. The defendant had also refused to leave the premises when asked to do so.

"I'm ashamed of my behaviour that day, in Tim Horton's. It's something I have to get control of, my temper," said the defendant.


Careless driver used painkillers


Edward Shiderman, 57, of Toronto pleaded guilty May 26 to a charge of careless driving under the Highway Traffic Act, receiving a $1,000 fine with a six-month suspension of his licence. Court heard that at 1:30 a.m. on Mar. 1, 2008, two witnesses travelling north at Bayfield Street/Highway 400 intersection in Barrie noted Shiderman's van as it moved "erratically." The accused went on to narrowly miss a tractor trailer before both witnesses took down his licence number and contacted the OPP.

Police were able to block the accused in and remove him from the highway before he told them he was "having trouble focusing." Investigation revealed Shiderman - who suffers from migraines - had taken some oxycodeine and then decided to drive; not realizing the drug would affect his judgment.

Thefts earn house arrest probation

A 19-year-old Collingwood man - who can't be named owing to an earlier probation order made under Youth Criminal Act provisions - pleaded guilty to stealing food, plus six charges of doing mischief to vehicles.

The accused received a three-month conditional sentence as house arrest, with 18 months on probation when his time is up.

On June 2, provincial Crown Dean Ring told the court that at 3:30 a.m. on Sunday, Dec. 15, 2008, the defendant entered the Mac's Milk convenience store in Collingwood, wearing a blue bandana covering his face. He then stole two one-litre bottles of Coke and a bag of chips before fleeing.

Ring further alleged that the accused returned to the store at 5 p.m., despite the store staff's complaint to police in the interim.

Once more, the same suspect wore the concealing bandana but with a different coat, stole several items and fled. Collingwood officers searched the area unsuccessfully; however, video cameras at Mac's were of some assistance in identifying him.

At 4 a.m. on Thursday, Dec. 19, police were called again about the accused. This time he was "entering vehicles" at the Holiday Inn Express parking lot on Balsam Street. The officers located the suspect "beside two rows of cars, walking away and then bolting," to a High Street residence - where he was let in.

Upon being confronted by police the defendant at first denied being outside, said the Crown. Full identification followed and a bag of property from one of the vandalized vehicles was recovered. All of the vehicles had their driver's side window smashed.

Mr. Justice Roland Harris found the jointly proposed house arrest "almost ridiculously lenient" given the undertones of robbery in the case. The judge imposed a daily overnight curfew, applicable to both the conditional sentence and the probation order, plus no contact with any known offenders.

"The Crown has been awfully kind to you," Harris said, adding: "You're not going to real jail; really, really, hope that you don't breach it."

 

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