Fredericton man acquitted in drug/firearms case
Crown failed to establish that Jamie Kyle Tomah, 39, even lived in Prince William residence police raided 2½ years ago, says judge
The prosecution in a trafficking case failed to prove the defendant had been living at the target residence, let alone that he was in possession of drugs and guns found therein, a judge ruled Monday.
Jamie Kyle Tomah, 39, formerly of Prince William and now living in Fredericton, stood trial earlier this year in provincial court on charges of possession of methamphetamine and cocaine for the purpose of trafficking.
The trial also focused on related counts of possession of three rifles without a licence, possession of a prohibited rifle magazine and careless storage of firearms.
The charges all stemmed from a police raid and search of a house on Pokiok Settlement Road in Prince William on Oct. 9, 2020.
Judge Natalie LeBlanc heard the evidence and argument in the trial, and she rendered her decision on the matter Monday.
She noted evidence showed a major police contingent arrived at the Prince William home on the date in question to execute a search warrant stemming from a drug investigation.
There were several vehicles in the driveway, police witnesses testified, and officers cleared the home by tossing gas canisters in through the windows.
Tomah was one of the few people at the residence, court heard, as he emerged disoriented. He was initially unco-operative with police, LeBlanc said, but he later calmed down.
Officers found cocaine and meth on his person when he was searched, she said, and in the house, they found more meth - namely a significant amount that had been in a bag but was spilled all over the basement floor.
Also arrested at the home when police arrived were Lindsay Tattersall, Tomah’s girlfriend, and Josh Trail, the judge said.
Police testified they found a Rogers bill in Tomah’s name in the house as well as a fine order in his name there as well, albeit with a different address listed.
Two rifles were found in the house as well, court heard, and another one in a black Chevy truck associated with Tomah, as an insurance card in his name was found in the vehicle.
Trailer on the property as well
However, Tomah and Tattersall both testified that while they had been living on the property, they were staying in a camper trailer on the land, not in the house.
“[Tattersall] also said that she thought Jesse Paul owned the house,” LeBlanc said. “She thought the firearms belonged to Jesse Paul.”
Tomah testified he had previously tried to purchase the Pokiok Settlement Road home but it didn’t pan out, and he also said he believed Paul was the owner, adding he thought Paul and Brandon Hatchard were living there at the time.
Because he lived in the trailer on the property, he said, he’d let Paul set up the Rogers satellite dish in his name because he had good credit.
“He said several people had a key,” LeBlanc said.
Tattersall and Tomah both said they and Trail were all regular drug users. Tomah told the court the drugs found on his person were for personal use by him, Tattersall and Trail.
Tomah testified that on the day of the police raid, he was asked to stop by the house. The judge noted the defendant said there were a lot of people there.
He testified he didn’t see the rifles, and added that on that day, Trail had been driving his truck and that he knew nothing about the firearm found in the vehicle.
Tomah said just before the police showed up that day, the house appeared to empty out, noting he suddenly noticed everyone just seemed to clear out in a short timeframe.
The judge also noted that while Tattersall initially faced related charges stemming from the raid, the Crown withdrew all counts against her at the outset of the trial.
‘Not even a toothbrush’
LeBlanc said the Crown’s entire case appeared to come down to the fact that Tomah was at the house at the time of the raid and that a couple of documents with his name on them were found therein.
The prosecution had argued that was sufficient to show the drugs and guns found there were within Tomah’s control and therefore in his possession, the judge said, but she disagreed.
“The Crown has not proven that Mr. Tomah was in possession of the drugs and weapons found in the house,” she said.
Other than those two documents, LeBlanc said, police found nothing connected to Tomah - no clothes shown to fit him, “not even a toothbrush.”
Furthermore, she said, the evidence didn’t show exactly who placed the gun in the Chevy truck.
As for the drugs found on Tomah’s person, the judge said, there wasn’t enough evidence to suggest the defendant had them for the purpose of trafficking, and that the amounts found were consistent with his story that they were for his, Tattersall’s and Trail’s use.
As a result, LeBlanc found him guilty of the lesser, included offences of personal possession of cocaine and meth, and not guilty on the firearms and trafficking-possession allegations.
The court set over Tomah’s sentencing on the lesser offences to May 25.
Don MacPherson can be contacted at ftonindependent@gmail.com.