Drug trafficker avoids jail following significant north Nanaimo bust

Justice Baird said Kirk hasn’t touched alcohol in five years and had only two relapses of drug use since his initial arrest.

The judge also told Kirk he would be keeping an eye on him during his sentence, and will likely request his presence back in court to get regular updates on his progress.

“Today’s the day. This has got to be it. This is the departure point. You either straighten up now, or you spend years of the remainder of your life in jail. Now’s the time, I’m giving you a chance, take it.”

When asked if he understood that further violations would result in a lengthy prison sentence, Kirk replied with “yes, your Honour.”

Kirk was visibly upset during the entire proceedings, at times whipping tears from his eyes and sweat off his brow.

He will only be allowed to leave his parent’s home, where he will reside during his sentence, for work and medical appointments. He already has a job lined up.

Background
Justice Baird’s ruling followed a trial last year which determined Kirk used the alias ‘Dayton’ to supply drugs to street-level dealers in Nanaimo in partnership with a Vancouver-based gang member and wholesale distributor.

A day after his arrest, Kirk admitted responsibility to Nanaimo Mounties to nearly all of the items linked to his car and home.

A backpack found in the car, which Justice Baird found belonged to Kirk, contained nearly 22 grams of fentanyl, 23 grams of methamphetamine, 12 grams of crack cocaine and trace amounts of powdered cocaine.

The drugs were estimated by a Nanaimo RCMP narcotics expert to have a street value of more than $3,000 at the time.

Inside Kirk’s car was a small amount of cocaine in the centre console, several constantly ringing cell phones and a large knife. An unloaded and locked 12 gauge shotgun was spotted in the trunk, along with 100 shotgun shells.

Nanaimo RCMP obtained a search warrant later the same night and raided the upstairs portion of a Linyard Rd. home in the Linley Valley neighbourhood where Kirk lived.

A pouch hidden in the laundry room behind the dryer contained nearly 182 grams of fentanyl.

Directly beside the concealed fentanyl was nearly $30,000 of cash in half a dozen bundles. The alias ‘Dayton’ was scribbled on one of the packages.

Kirk denied any knowledge of the fentanyl, which Justice Baird accepted, pointing to several gaps in the RCMP’s surveillance of the property which could have tied others to the substance.

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.

Sentencing arguments
Crown previously lobbied for four years in prison, while the defence requested a non-custodial sentence and three years probation.

A pre-sentence report and psychiatric assessment delved into Kirk’s past to assist in the sentencing process. The reports revealed Kirk was a low to moderate risk to re-offend.

Kirk had a privileged and supportive childhood with his downhill descent beginning after experimenting with crack cocaine at the age of 18 or 19 while living in Nanaimo with friends.

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

Kirk reported prior to his sentencing he was depressed, had suicidal thoughts and was extremely anxious about the possibility of going to jail.

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

Kirk apologized to the community, his family and friends for his actions last month in court.

“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,” a tearful Kirk said in January.

Kirk had no prior criminal record and no breaches while released on bail for the nearly five years following his arrest.

He will be able to leave his residence for work or medical appointments only during his house arrest period.

Conditions for his probation upon release include a curfew of 9 p.m. until 6 a.m. seven days a week, submitting a DNA sample, not having or using intoxicating substances, and a weapons ban for a period of ten years.

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by NanaimoNewsNOW Staff

Drug trafficker avoids jail following significant north Nanaimo bust

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