Fentanyl discovered in man’s pants leads to prison term

A bulge in the pants a man, who turned out to be a cache of multi-colored fentanyl, was enough to send him to prison for years despite the fact his lawyer noted it was a “quasi-strip-search” when an officer reached in to extract the drugs.

Mackenzie Carroll, 43, reached a deal for a seven-year sentence on one of multiple sets of charges.

“This was a serious offense involving a large quantity of fentanyl,” said Justice Michael Gibson.

“The presence of fentanyl is a scourge in our society and causes pervasive and heartbreaking misery, brokenness and death to individuals caught in addiction, to their families and to entire communities.

“The impact of these scourges can’t be overstated.”

Carroll has been juggling multiple charges in both Brantford’s Superior and Ontario Courts of Justice over the past year.

In May 2022, Carroll was sentenced to about $4,500 in fines and 90 days in jail for possession of a weapon, driving while suspended and failing to remain at the scene of an accident.

After a trial this January, charges of possession for the purpose of trafficking from August 2022 were remained.

Last month he faced a charge of break and enter and pleaded guilty to a lesser charge of forcible entry and was sentenced to another 90 days.

At his recent Superior Court trial in June, Carroll brought things to a halt by pleading guilty to one count of possession of drugs for trafficking.

“From a defense perspective, there were a number of issues,” said lawyer Tamar Bitton.

She listed a delay, when Carroll wasn’t told why he was detained, and officers who questioned him despite Carroll’s request to speak to a lawyer.

“And then we have the quasi-strip-search where an officer unbuckled (Carroll’s) pants and put his hand in (Carroll’s) pants to remove the bulge of drugs that turned out to be fentanyl.”

Bitton said the alleged charter violations were “quite concerning”.

Carroll was watched by police as he got out of a car on Gladstone Avenue. Officers suspected he was heading through backyards for a nearby home on Aberdeen Avenue that he had been ordered not to visit.

Police arrested him for allegedly breaching the court order and, during their investigation they found he had a backpack with cannabis and cannabis resin.

Officers wanted to search him further due to the bulge in his pants and found blue, green and yellow/purple fentanyl totaling more than 54 grams. They also found identification down the back of his pants.

“His criminal record is a four-page record of multiple convictions beginning May 2002 in New Brunswick, through January 2020 in Brantford,” said federal prosecutor Kevin McGilly.

“Fentanyl is a huge problem in this community and in society at large.

“Brantford alone has one of the highest overdose rates in Canada, so a sentence of seven years is significant and is the largest sentence Mr. Carroll has received.”

Carroll had two prior convictions for drug possession.

Bitton told the judge Carroll had a traumatic childhood where both parents were heavily involved in addictions. His father died of an overdose when Carroll was 16.

Now on suboxone and in a harm reduction program, Carroll wants to pursue education in prison and hopes one day to use his story to encourage kids to stay away from drugs, said Bitton.

Gibson noted that Carroll halted a trial by pleading guilty and had taken responsibility for his actions.

He gave him credit of 28.5 months for his time in pre-trial custody and sentenced him to a further 55.5 months in prison.

“It’s my hope you find ways to be a contributing member of your community.”

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