Clumsy commercial break-in leads to drug bust in Rusagonis
Dylan James MacElwain, 33, is headed to prison after racking up new convictions for possession of illicit drugs for the purpose of trafficking
A Fredericton-area man found with various drugs packaged for sale when he was arrested after a bungled burglary was sentenced Friday to four years in prison.
Dylan James MacElwain, 33, of no fixed address, previously pleaded guilty to a long list of criminal offences, including a break-in and possession of hard drugs for the purpose of trafficking, and he appeared in Fredericton provincial court Friday by video from jail for his sentencing hearing.
Provincial prosecutor Darlene Blunston said Fredericton police officers were dispatched to the A&J Hanna Construction compound on Alison Boulevard the morning of Sept. 24 after receiving a report of a break-in.
It’s a secure compound, court heard, and video footage showed three people pulled up to the site in a Honda CRV and gained entry by cutting a hole in the fence.
They then hooked an empty utility trailer up to their vehicle, the prosecutor said, and tried to make off with it.
“They tried to get through a hole in the fence the first time, but the trailer was too big,” she said.
That’s when the burglars decided to charge at the hole in the fence, Blunston said, and that tore down a section of the fence, causing $10,000 in damage. The trailer was worth $6,000-$8,000, court heard.
Caught the same day
However, she said, the RCMP were dispatched to Rusagonis, just east of Fredericton, after receiving a report of a trailer being abandoned on a trail, and it turned out to be the one stolen from A&J Construction.
“At the scene, a person arrived on an ATV,” Blunston said, noting that witness said there was someone in an SUV stuck on the same trail.
It turned out to be MacElwain in the CRV seen on the security video, court heard, and MacElwain’s shoes matched those worn by one of the perpetrators.
“That was within 500 metres of the abandoned trailer,” Blunston said.
Court also heard the CRV was stolen.
Federal prosecutor Glen Abbott said the Mounties arrested MacElwain because they learned of the break-in and trailer theft.
There was a black backpack in the CRV, he said, and inside, officers found MacElwain’s ID, as well as 1.8 grams of meth, 3.2 grams of MDMA (known as ecstasy or Molly) and 12 benzodiazepine pills, packaged in individual baggies and apparently intended for sale.
There was no indication during the sentencing hearing if the other two perpetrators seen on the security footage were arrested or charged.
Blunston also said MacElwain came to the attention of Fredericton police earlier that month, on Sept. 10, when they received a report of someone acting suspiciously on Main Street.
Officers found the defendant sitting on the curb, she said, and after he identified himself, police discovered he had outstanding warrants of arrest.
When he was searched incident to arrest, Blunston said, they found what was thought to be meth but turned out to be MDMA, as well as a scale with drug residue on it.
MacElwain was also found to be driving Aug. 21 when his licence was suspended, court heard.
Blunston said the Crown was looking for an overall sentence of four to 4½ years in prison, noting that the offender has a prior criminal history that includes a previous conviction for possession of drugs for the purpose of trafficking.
But defence lawyer Angèle Normand asked the court to consider 3½ years instead, less credit for time spent on remand.
She said her client has struggled with addiction in the past but was able to get clean. He had been working, Normand said, but he ended up on employment insurance.
It’s when that ran out that things went sideways, court heard.
“He decided to sell drugs to make a few bucks,” Normand said.
“It was a brief lapse in judgment, and he’s going to be dealing with the consequences of that for a while.”
She said MacElwain is engaged to a woman who’s a positive influence in his life and isn’t involved in drugs, and she continues to be a strong support in his life.
‘An all-too-familiar story’
The offender told Judge Cameron Gunn he’s reached the age that he realizes he can’t keep running afoul of the law, because he wants a future with his fiancee that includes having children.
“This isn’t the life I want for me,” MacElwain said.
Gunn settled on an overall sentence of four years in prison, less credit for time served on remand.
He noted MacElwain had been in custody for six months, so after the customary credit of 1.5-to-one was applied, that means his prison term will be reduced by nine months.
“Mr. MacElwain, you come before this court with an all-too-familiar story,” the judge said, referring to the offender’s history of addiction and how turned to trafficking to feed that habit.
It happens all the time, Gunn said, and it can be disheartening.
The criminal justice system is justifiably criticized for trying to address mental-health and addictions issues through the sentencing process, he said.
“We are not well suited for that but despite being not well suited, we are where it often happens,” the judge said.
“It’s unfortunate, but it is the reality.”
The courts can assist offenders to a degree by giving them access to programs aimed at dealing with those issues, Gunn said, but ultimately, it’s incumbent on the offenders to break the cycles of addictions to better themselves.
“There is a saying that just because you have a past doesn’t mean you don’t have a future,” the judge said.
He said he’s pleased to hear MacElwain is motivated to turn his life around by a positive relationship and a desire to have a family.
In addition to imposing the prison term, Gunn also prohibited MacElwain from possessing firearms and other weapons for life following his release from prison, a mandatory order for someone convicted of a drug-trafficking offence for the second time.
Don MacPherson can be contacted at ftonindependent@gmail.com.
I appreciate the amount of detail you put in your stories. This is what real journalism should look like.
4 years will equal 18 months.