A local man who resolved criminal charges in both Brantford’s Ontario court and Superior Court is now serving his two sentences, totaling almost six years, in prison.
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David Hamilton, 33, was arrested in Brant County after a high-risk take-down on Nov. 15, 2022 when an officer driving past the man on a Paris street saw him holding what looked like a black handgun.
After his arrest, officers searched the trunk of his vehicle looking for the gun and found it was a replica that looked authentic.
Officers also found 25.3 grams of fentanyl, a small amount of methamphetamine, brass knuckles, two phones and drug packaging.
That incident “drew the attention of police” to Hamilton and, five months later, after spotting what looked like hand-to-hand drug transactions, they had a warrant to search his home.
They found what looked like hydromorphone pills, fentanyl and a cash stash but, after testing, it turned out the drugs weren’t narcotics.
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But officers did find two more replica Glock handguns — a breach of Hamilton’s probation orders.
Hamilton’s lawyer, Ian McCuaig, argued the Airsoft pistols were clearly not for protection in the drug culture because they were dissembled and stored in different places in the house.
But the lawyer admitted a report about his client that suggests he needs counseling is quite accurate.
“He’s done nothing about his drug problem,” said Justice Gethin Edward, who sentenced Hamilton back in May.
“The report says ‘of concern is the subject’s continued drug addiction, his anti-social lifestyle and his unaddressed grievance and childhood trauma. He doesn’t believe he requires treatment.’ He’s in denial,” said the judge.
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Assistant Crown attorney Marija Solin also agreed, saying counseling was “very much needed” in Hamilton’s case.
“Drugs and guns go hand-in-hand and cause issues. He obviously has not come to that realization.”
When invited to speak in each court, Hamilton said the same thing to the two judges: “I apologize for even having to be in front of the court. I don’t normally do things like this.”
“Are you in denial?” Edward asked.
Hamilton said he experienced some losses in his life – his father and one of his children – and things fell off the rails.
“I know I have a drug problem.”
In Superior Court, Justice Andrew Goodman said a joint submission presented by the Crown and defense was at the low end of the range for fentanyl.
“I’ve sentenced people to the upper single-digit range for this quantity,” Goodman warned Hamilton.
“I trust this will be the last time you’ll be involved with it.”
Hamilton’s Ontario court sentence was for 18 months for possessing a weapon while prohibited.
In Superior Court, he was given a five-year sentence less than 20 months of time already served for possession of fentanyl for trafficking, leaving him a total of another 58 months.
Charges were withdrawn against a second man who was in the same vehicle when the high-risk take-down occurred.
@EXPSGamble
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