Five years for Sarnia fentanyl dealer caught having a cigarette near a no-smoking sign

Having a cigarette next to a no-smoking sign outside a Sarnia Tim Hortons wound up costing Brett Harris five years in prison.

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The attention of two Sarnia police officers was drawn to Harris, 45, and another man as they had a smoke in an off-limits area outside the Indian Road South coffee shop on May 30, 2022 shortly before 1 am They arrested Harris, who initially claimed to be his brother, after learning there were outstanding warrants for him in Essex and Kent counties, a Sarnia courtroom heard this week.

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While handcuffing him, officers came across a camouflage-colored satchel. Inside the handbag was an unloaded .22-caliber revolver, three bullets – only one could’ve been fired – about $750 in cash, and a rock of yellow fentanyl weighing just shy of 22 grams. It was worth about $4,400.

Harris has been in jail since and Nov. 6, more than 17 months later, he was sentenced to five years in prison for various offenses including possession of fentanyl for the purpose of trafficking, possession of a weapon for a dangerous purpose, and carrying a concealed weapon.

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“Your honor, I’d just like to apologize for my behavior,” Harris, now 46, said to Superior Court Justice Russell Raikes while standing in the Sarnia courtroom’s prisoner’s box.

Harris’ prior convictions factored into the half-decade sentence all the lawyers suggested and the judge agreed to impose.

“Your criminal record is appealing,” Raikes said to him. “You’ve shown a blatant disregard for court orders.”

Harris pleaded guilty to seven charges in total including possession of a firearm while prohibited and three counts of failing to comply with a release order.

As for the drugs, federal prosecutor Brian Higgins said it was a significant quantity of fentanyl the officers found in the satchel and cited forensic toxicologist Karen Woodall, who has said fentanyl is 20 times more potent than heroin and 100 times stronger than morphine. The drug poses an intolerable risk of overdose, Higgins added.

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Meanwhile, assistant Crown attorney Lori MacIntosh said handguns are a plague on society and Harris has been ordered multiple times not to have weapons. Raikes banned him Monday from weapons for the rest of his life.

Defense lawyer Joseph Stoesser said his client, originally from BC before moving to Southwestern Ontario, was trying to make ends meet when he was caught that morning in May 2022. But he’s trying to change, he added.

“He’s trying to move on from this criminal behavior,” Stoesser said.

The judge suggested Harris use his time in prison to improve himself and get in a position where he can get a regular job and be a member of the community who contributes something.

“As opposed to a member of the community that puts the community at risk,” Raikes said. “Because if you don’t, (your next sentence) only goes up from here.”

Harris, who has spent most of his time in jail in Sarnia or Windsor in medical segregation due to a serious leg injury, has about three years and three months left to serve after pre-sentence credit custody. Other charges were dropped.

“Good luck,” Raikes said.

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@ObserverTerry

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