‘I lost sight of everything:’ Nanaimo drug dealer aims to avoid jail following significant bust

The offender used a street alias to sell drugs in Nanaimo for a Vancouver based wholesale drug distributor and gang member, justice Baird ruled following a trial last year.

Kirk was supplying street level dealers in Nanaimo, who then re-sold multiple substances.

A four year prison sentence was suggested by federal Crown prosecutor Chris Gibson.

“While Mr. Kirk only has a low to moderate risk to public safety from this point forward, the nature of the charges are such that a sentence of under two years would inadequately reflect sentencing principles,” Gibson declared during opening submissions.

A pre-sentence report and psychiatric assessment were conducted to glean more insight into Kirk’s background, offending and mental state.

He had a positive childhood growing up in Nanaimo in a home free of abuse and neglect.

However, following his graduation from Dover Bay Secondary Kirk descended sharply. At the age of 18 or 19 while living with friends he started using illicit substances, including crack cocaine.

While long periods of strong employment were reported, Kirk also had severe bouts of addiction, including being high at work or not showing up at all.

Kirk has a background in the trades industry, including operating heavy machinery.

His parents remain supportive, however the rest of Kirk’s family and most of his friends distanced themselves from him, court was told.

The offender’s past is marked with numerous personal tragedies, including his best friend, a closet heroin user, who died of a heart attack in 2012.

Kirk estimated he’s lost over 80 friends to drug overdoses and suicides.

He’s currently jobless, lives in isolation at his parents’ home and collects social assistance.

Kirk said the motivation behind his offending was to fund his drug addiction and cover living expenses.

A psychiatrist reported during an October evaluation that Kirk felt he was set up to take the blame for the offences in order for police to build a case against his supplier in Vancouver.

Diagnoses of stimulant and opioid use disorders were made for Kirk during the assessment.

Kirk stated last fall he was depressed, had suicidal thoughts and was extremely anxious about the prospect of going to jail.

He reported limited drug use since his arrest nearly five years ago.

Gibson said aside from one formal attempt to address addiction during treatment in 2017, Kirk has not taken meaningful steps to combat drug and mental health challenges.

“Mr. Kirk has had quite some time to get a handle on this situation and start dealing with some of these underlying issues; there’s been a lack of follow through on Mr. Kirk’s behalf in order to deal with some pretty substantial issues.”

Gibson said Kirk has not had any post-offence restrictions preventing him from getting the help he needs.

Justice Baird agreed the evidence suggests Kirk has not been assertive regarding his self-care.

“It’s not the sort of turnaround that inclines me to apply plunging discounts or anything, I understand that point,” justice Baird said.

Defence lawyer Dale Melville firmly argued jail is not the preferred way to properly punish Kirk’s conduct and protect the public interest.

He suggested a two year non-custodial sentence served in the community, followed by the maximum three years probation.

Melville said his client has been of good behaviour with no breaches since his arrest.

“This is not a case where we don’t know what’s going to happen, if he’s going to revert back to the criminal lifestyle; he will not, he has not,” Melville said.

Kirk stood in the prisoner’s box a few feet away from his parents to read a prepared statement to the court.

He apologized to the community, his family and his friends for his actions, stating he had no right to allow the same poison he put into his body into the bodies of others.

“I screwed up and it was almost too late for me as the fuel behind me using drugs was money in order to pay for the amount of drugs I was using as well as to survive,” Kirk said.

He said his actions will bring him shame for the rest of his life.

“I lost sight of everything as well as lost literally everything; my dignity, my respect for myself and from others. I’ve lost my family, friends and a community that looks down on me.”

Kirk said he’s focused on getting healthy and living a clean life.

Justice Baird made it clear he’s not contemplating a prison term as severe as four years in prison for Kirk, citing frustration in how long it took resolve the case as a primary reason why.

Numerous procedural delays pushed back Kirk’s originally scheduled trial in August 2020 at which time Kirk changed lawyers.

Another adjournment occurred when cell phone records had not been disclosed to the defence, delaying a planned June 2021 trial.

“I’m just grasping with the idea that at this late hour he should be pitched into the mob, the penitentiary system, or whether that would be a blunder and completely futile and utterly counter-productive,” justice Baird said.

Kirk had no prior criminal record.

Justice Baird is expected to issue Kirk’s punishment early next month.

A charge against Kirk of possessing stolen property was dismissed, while he was found not guilty of a weapons offence for the unsafe storage of the unloaded rifle.

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On Twitter: @reporterholmes

by Ian Holmes

‘I lost sight of everything:’ Nanaimo drug dealer aims to avoid jail following significant bust

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