(THUNDER BAY, ON) – BISEXUAL JAMAICAN CRACK DEALER GETS SENTENCED TO 3 YEARS AND FACING DEPORTATION UPON RELEASE.
MINUS ENHANCED PRESENTENCE CREDIT OF 21 MONTHS AND STATUTORY RELEASE, DWAYNE KEVIN BROWN WILL BE RELEASED IN DECEMBER 2019 AND SHOULD BE HOME FOR A REGGAE CHRISTMAS
MARSHALL, CASH & MONEY.
Appearing handcuffed for sentencing in Courtroom 302 today, Tuesday February 12,2019 is 38 year old Jamaican citizen DWAYNE KEVIN BROWN (pictured).
DWAYNE BROWN stands about 5’5” tall, he’s slim with receding hairline. Dressed very nicely, with jacket and dress shirt. He’s carrying a brand new Canada Goose jacket. The Director of Communications at TBPS will not show the public what BROWN looks like, likely because the Director just doesn’t seem to like communicating. But Brown is a dead ringer for celebrity Don Cheadle. A small Don Cheadle would be the best description.
He’s going to be sentenced for possession of proceeds of crime, possession of crack cocaine for the purpose of trafficking and conspiracy to commit an indictable offence. It’s not his first time being sentenced in Thunder Bay.
But, let’s back up to how we got to this point.
BACK ALLEY ROYALTON HOTEL SUMMER 2017.
THE INVESTIGATION BEGINS
Thunder Bay Police Service receive information from seven confidential informants and begin an investigation into crack dealing in the back alley of the Royalton Hotel. Cameras are set up and surveillance begins. Numerous hand to hand transactions are recorded in the back alley of Royalton.
THE PLAYERS AND THEIR STREET NAMES.
DWAYNE BROWN aka “MARSHALL”
ROMARIANDO MEGGOE aka “CASH”
NAVADO FRASER aka “MONEY”
THE BISEXUAL JAMAICAN’S GAME
Sell as much crack cocaine as possible to people in Thunder Bay. Collect as much money as he can getting MEGGOE & FRASER aka CASH & MONEY to buy each ounce (28 grams) of crack cocaine for 3000$ from BROWN aka MARSHALL. They sell it at 200$ per gram or 20$ per point (one-tenth gram)to people in Thunder Bay.
Profit 2600$ per ounce for MEGGOE & FRASER aka CASH & MONEY.
THUNDER BAY POLICE GAME
Shut down the bisexual Jamaican crack dealer. Send him back to Jamaica to go swing down there with their men and women.
Seargeant Jason Rybak and his team of investigators set up PROJECT AMP. Surveillance and investigation lead police to storage locker 316 at 646 Hewitson Street. Police surreptitiously set up a surveillance camera on the storage locker in October 2017.
They learn the locker was rented to someone producing a driver’s license ID with the name “Mark James” on July 31,2017. It’s a fake ID used by NAVADO FRASER.
They are all driving rental cars.
Video surveillance shows the rental cars being driven to the storage unit on numerous occasions, the occupants open door, go in storage unit and close door to hide what’s done inside.
TBPS Investigators get a search warrant granted on November 9,2017 and enter storage unit at 1am in the morning. They find 126.9 grams of crack cocaine 3450$ cash and a detailed debt list. Police make arrangements for new lock to be put on unit.
On December 14,2017 a search warrant is granted for Room 212 at the Econolodge on Memorial Avenue. DWAYNE BROWN is arrested by TBPS. He has 2615$ on his person along with a digital scale and key for storage locker. Police search his rental car and find another 4360$ cash.
BROWN is brought to Thunder Bay Police Station. While he is in the custody of TBPS Seargeant Rybak and a Detective Constable, a text message pops up on BROWN’s phone stating “I’m landing at airport now”. The text was sent by NAVADO FRASER.
TBPS go to meet the airline passenger and find 11 ounces of crack cocaine in his luggage. FRASER is arrested.
MEGGOE is arrested at different location.
IT TOOK THE DIRECTOR OF COMMUNICATIONS AT TBPS 4 DAYS TO PUT OUT A LOW DETAIL MEDIA RELEASE WITH NO PICTURES.
CRACK DEALERS TURN ON BROWN.
FRASER believed that DWAYNE BROWN cooperated with police to get him arrested. FRASER told the other inmates at the Thunder Bay Jail that BROWN was a “rat”. But the reality is that BROWN hadn’t been a “rat”.
Other inmates attack and beat BROWN. Jail officials want BROWN in Protective Custody because he’s now labelled and getting attacked will be an ongoing problem. But BROWN does not want to go there. He’s instead placed in a Special Handling Unit where there are 3 prisoners to a cell and they get minimal time out of cell each day.
Both FRASER and MEGGOE turn “rat” on BROWN and offer police detailed statements on the drug conspiracy operation.
COURT PROCEEDINGS AND THE GAROFOLI APPLICATION
BROWN hires Daniel MacAdam as his lawyer. MacAdam is young with experience, articulate and knowledgeable. He was taught law by the infamous Scott Hutchinson.
For the Crown, Federal Prosecutor Ron Poirier is on the job. A 42 year veteran of criminal law, Poirier is no stranger to courtroom battles. I’d argue, that he’s the best criminal lawyer in Thunder Bay.
MacAdam files what is commonly referred to as a “Garofoli Application” This refers to a defence motion to exclude evidence collected under a search warrant. It’s a bit of a complicated procedure but the defence goes before a Judge to challenge the information given to a Justice of the Peace to acquire the search warrant.
That application hearing was held in January 2019 before His Honour, Justice Dino DiGiuseppe.
A TBPS Detective Constable took the stand in that hearing as the affiant for the search warrant. He did very well on the stand under examination by Daniel MacAdam and strong support by Ron Poirier.
On Monday February 11,2019 Justice DiGiuseppe has a decision ready. It’s a lengthy one but in the end, he rules that Thunder Bay Police followed all logical steps in the investigation and that the search warrant is valid. A handcuffed DWAYNE BROWN leans forward in the prisoner’s box and his head sinks upon learning that decision. All evidence obtained can be used for trial. Court takes a break while MacAdam talks to his client and Crown Ron Poirier.
Court comes back into session and a deal has been struck to have BROWN found guilty by Justice DiGiuseppe and be sentenced.
On Tuesday February 12,2019 sentencing submissions are given with case law presented. BROWN came to Canada in 2005 from Jamaica. He never acquired Canadian citizenship. He has 3 children, a 14 year old son in Jamaica and 2 daughters, 11 & 4 in Toronto. He wanted to buy a tractor trailer and couldn’t get a bank loan, so he chose the fast money route of drug dealing.
Brown has one criminal conviction on his record. And that’s possession for the purpose of trafficking cocaine here in Thunder Bay. He was convicted in 2009 and received a 310 day sentence.
He was ordered deported back to Jamaica after his jail sentence. BROWN appealed it claiming he was a refugee and he would be persecuted in Jamaica if he returned for being bisexual. (Read attached order) Immigration Canada is still seeking to deport him once a risk assessment is complete. His sentence today will not interfere with that assessment.
BROWN was out on Immigration Bail when he committed this offence. MacAdam is seeking enhanced credit beyond the normal 1.5 given for the harsh conditions at the Thunder Bay Jail because his client was assaulted and in a Special Handling Unit with 2 other inmates in a cell and minimal time out.
Federal Crown Poirier argues effectively that there are no guidelines for the court to give credit beyond 1.5 and that they phoned the jail and determined it was Brown’s decision to be there instead of Protective Custody. Poirier wins that argument. BROWN is awarded 21 months credit for 14 months custody.
BROWN is asked if he has anything to say to the court. In a soft spoken voice, he states “ I’m asking for discretion from the court”
MacAdam wants 2 year sentence or less for his client. Poirier argues for 4 years because this was a planned money making operation and not being done to support addictions.
Justice DiGiuseppe decides down the middle with a 3 year sentence minus 21 months enhanced. This leaves a 15 month sentence going forward which means with statutory release, BROWN will be out of jail in December 2019 and just may finally be getting deported then.
MacAdam requests that His Honour recommend BROWN serve his time in a Toronto area Correctional Center. His Honour will recommend but the Corrections are not bound by his decision. BROWN is led out of the courtroom and appears sad about this ruling.
As usual, no taxpayer subsidized media is in court again.