Drug offender lobbies for rejected plea deal
Clayton Maynard Ernest Townes, 26, of McAdam, busted with $24,000 worth of meth, cocaine, counterfeit cash, a cache of firearms while subject to weapons ban last year
A drug-trafficking offender who’s been on remand for 20 months asked a court Monday to sentence him to the same prison term that he’d previously rejected as part of a plea deal.
Clayton Maynard Ernest Townes, 37, of Harvey Road in McAdam, appeared in Fredericton provincial court by video conference from the Saint John Regional Correctional Centre on Monday for his sentencing on a long list of charges.
Among the crimes to which he’d previously pleaded guilty were possession of cocaine and methamphetamine for the purpose of trafficking, possession of counterfeit currency, possession of several stolen vehicles and numerous firearms offences.
The charges arose after a police search at Townes’ home Jan. 28, 2022, and he’s been in custody since his arrest on that date.
An RCMP news release issued in early 2022 indicated Mounties attended the residence at about 9 a.m. on Jan. 28, 2022, at the request of the Department of Social Development.
“While on scene, police observed an unsecured weapon and various drugs in plain view,” the release said.
After Townes was arrested, police secured the residence and obtained a search warrant, it said, and officers seized quantities of drugs and numerous weapons, including firearms.
Federal prosecutor Jillian Jordan, who was handling the drug-trafficking offences, asked the court to impose a prison term of four to five years, just for those crimes.
She said the estimated street value seized at the time of Townes’ arrest was $24,000.
Court also heard several weapons - three rifles, two handguns, one shotgun, one revolver and a crossbow - were found at the property in Townes’ possession, and a 22-calibre handgun was discovered to be loaded.
At the time, the offender was subject to a court order prohibiting from possessing firearms and other weapons.
Furthermore, he had admitted to making counterfeit Canadian money - namely, $830 found in the search.
Jordan noted that in New Brunswick, the starting point for sentencing for possessing meth for the purpose of trafficking is three to four years, and that’s for a first-time offender.
She said Townes doesn’t fall into that category, noting that his criminal record shows a prior conviction for simple drug possession.
Provincial prosecutor Matthew Paik added that Townes’ criminal history includes other related convictions, including firearms offences and past possession of counterfeit cash.
He argued the offender’s latest convictions represent “a significant escalation of his prior offences,” and that his prospects for rehabilitation are limited. As such, Paik said, the court ought to focus on deterrence above all other principles of sentencing.
He said the federal and provincial Crowns are seeking a combined global prison term of 10 years or more in prison.
“Your honour, the message here is clear: this community has had enough - of drug trafficking, of violence,” Paik told Judge Cameron Gunn.
COVID-19 restrictions
Defence lawyer Joel Hanson called his client as a witness in Monday’s hearing to explore issues aimed at supporting his argument for a lesser prison term than what the Crown was requesting.
He asked Townes about the conditions in the jail since he was remanded in January 2022, specifically about how things were different on remand this time around due to COVID-19 restrictions.
“There were no programs, no visits … I just received my first visit 2½ weeks ago,” the offender said. “Most of my sentence has been more or less solitary, yes.”
Townes was referring to his time on remand, and he later clarified that he was restricted to a single range at the Saint John jail, with no yard time during much of his stay in jail due to pandemic restrictions.
He testified his mail was withheld for months due to COVID-19 precautions as well. Compared to previous stints on remand, he said, this time has been far more challenging.
However, when cross-examined by the prosecutors, the offender conceded other detainees were subject to the same restrictions and conditions.
Townes said in late 2022, the Crown had offered him a plea deal for a sentence of seven years in prison, but he had rejected the offer.
He explained that at the time, his charges included counts of possession of fentanyl and heroin for the purpose of trafficking, and he knew the drugs found in the home didn’t include those illicit substances.
However, at that point, the drugs hadn’t been tested, and he didn’t want to admit to crimes he hadn’t committed.
Townes said he figured when test results showed those drugs were among those found, the Crown’s offer would be for less time.
Sure enough, the lab report indicated fentanyl and heroin weren’t present, he said.
A lesser deal wasn’t forthcoming though, the offender testified, and he inquired to see if the seven-year deal was still on the table only to learn it was no longer acceptable to the Crown.
Hanson asked the court to impose a sentence of seven years, less credit for remand time, arguing it was a reasonable one given the facts of Townes’ case.
Furthermore, he argued for an enhanced remand credit due to how COVID-19 policies exacerbated conditions in jail.
Courts customarily give offenders 1½ days’ credit for each day served on remand before sentencing as an acknowledgement that remand time is tougher on inmates than regular jail time.
But defence counsel said the credit ratio should be increased given the length of time Townes was on remand under harsher conditions.
“It’s an exceptional circumstance,” Hanson told Gunn. “I’m just asking that you recognize that today, your honour, in sentencing.”
Townes apologized for his actions and to property owners who were affected.
“I’m sorry that my addiction has taken me down this road,” he said, noting he plans to seek treatment for his drug issues.
Gunn reserved his decision on sentencing to Oct. 10 and remanded Townes again until that time.
Don MacPherson can be contacted at ftonindependent@gmail.com.