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55-year-old Kerry Wallace Chang was given a time-served sentence of 30 days in a B.C Supreme court in Nanaimo, after being caught with over 33 grams of fentanyl and methamphetamine, as well as a large amount of money following a July 6, 2021 traffic stop in Nanaimo. (Jordan Davidson/NanaimoNewsNOW)
time served

Nanaimo man caught with over 30g of illicit drugs avoids additional jail time

Apr 19, 2024 | 4:10 PM

NANAIMO — A local man with an extensive criminal history has avoided additional jail time after being caught with a large amount of drugs and cash.

Kerry Wallace Chang, 55, pleaded guilty to a lesser charge of simple possession after being initially charged with possession for the purpose of trafficking following a July 2021 incident in Nanaimo.

Justice Gareth Morley accepted a joint submission on April 18 in B.C. Supreme Court in Nanaimo for a sentence of 30 days times served.

On July 6, 2021, around 2 p.m. Chang was operating a friend’s motorcycle when he was pulled over by the Nanaimo RCMP, who recognized Chang and knew he wasn’t legally allowed to operate a vehicle.

He was initially arrested for driving while prohibited, but a search of his person found 24 grams of fentanyl, almost nine grams of methamphetamine, and approximately $20,000.

Crown prosecutor Ian McFadgen said police found evidence Chang had won the money legally.

“A search of his phone identified a number of winning lottery chits from two days before at the Nanaimo Casino… when the Crown assessed the totality of the case, it determined that a simple possession plea was appropriate. It still is, I’ll point out, quite a considerable amount of fentanyl…could keep a user running for a considerable period of time.”

Court heard Chang was involved in a July 2020 car crash along Nanaimo’s Rutherford Rd., where he sustained extensive injuries including a broken back and neck.

Defence attorney Kelly Bradshaw said that’s when Chang began using opioids to treat his pain.

“Initially, they were prescribed, and as often happens, he turned to street drugs, and he developed a dependency and a significant addiction to fentanyl, and that continued into 2021 including at the time of his arrest on the charges before the court.”

Chang addressed the court during the proceedings, thanking them for accepting the joint submission while also apologizing for not making better decisions in the past.

“I’ve definitly had some struggles these past number of years, at the same time I need to take ownership on my part. Addiction was very problemsome [sic] for my life, for my wife’s life. I’m very proud to say that we’re both finally focusing us in a direction where we’re not just keeping ourselves healthy, but we are trying to give that back to the community.”

He said he’s since become involved in the Nanaimo Area Network of Drug Users (NANDU), to “help with the crisis (that) is going on in our city.”

In his closing statements, Justice Morley said Chang’s addiction issues are certainly significant, and it’s impossible to downplay the “plague that fentanyl represents for this community.”

“It’s a large amount of fentanyl, but I accept that the basis on which I must sentence you was that this was probably entirely for your own personal use, which indicates a very serious and significant substance use disorder.”

Chang is currently on disability due to his injuries, but works part-time cleaning local restaurants, and is still under strict probation conditions, including a curfew from 10 p.m. until 6 a.m.

He is the father of murdered Nanaimo teenager Makayla Chang, and was incarcerated when she went missing in March of 2017, and was still in custody when her body was found in May.

Speaking with NanaimoNewsNOW outside of court, Chang said he was “very happy” with the outcome, saying he’s been given a second chance and he plans to make the most of it, admitting the traumatic events over the last few years did play a factor in his addiction and mental health struggles.

“It all pieces together I guess in a lot of ways. I don’t like to use my daughter as an excuse as far as that goes, but I struggled for quite a few years. I still struggle. Probably struggle for the rest of our lives, but just trying to go about it in a healthy and productive way.”

Steven Michael Bacon, 56, was eventually found guilty of second-degree murder in Makayla’s death and is currently serving a life sentence.

Chang’s criminal record dates back to the early 2000s with convictions for stolen property, theft, breaching sentencing orders and drug possession.

He’s also faces charges in relation to a three-year investigation into an alleged dark web drug trafficking ring based out of Nanaimo, with preliminary hearings scheduled for later this year.

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jordan@nanaimonewsnow.com

On Twitter: @JordanDHeyNow