An Ontario judge has sentenced a man to house arrest in a “covert scheme” to traffic handguns into Canada from the United States.
Emerson Wright, 29, was charged with conspiring with his childhood friend, Dylan Crawford, to traffic firearms and possessing a firearm for the purpose of transferring it while knowingly not being authorized to do so. On his first day of trial in the Ontario Superior Court of Justice, Wright pleaded guilty to conspiracy to traffic in a firearm to Crawford.
“Although the gravity of this offence highlights the need for punishment, it is not so pressing as to make incarceration the only option,” Justice Kelly Tranquilli wrote in a recent sentencing decision out of London, Ont.
“The court should remain mindful of the principle of restraint for a first-time, relatively youthful offender with an established rehabilitation plan.”
Wright is one of nine individuals charged for their role in the scheme.
Wright’s lawyer argued for a conditional sentence of two years less a day.
“He notes there is no longer a mandatory minimum sentence of three years for this offence. He submits that a conditional sentence order is proportionate because of his guilty plea, lack of prior record, the limited nature of his involvement in the criminal enterprise and his drug addiction that influenced his poor judgment,” said the Aug. 11 decision.
“Moreover, he has made significant gains in rehabilitation since his arrest. He is in recovery from his addiction, gainfully employed and is pursuing retraining, all with the close support and guidance of his family and friends.”
The Crown “submits a fit sentence remains at a penitentiary range of three years custody,” said the decision.
Wright “knew he was assisting in a scheme involving the movement of multiple firearms for profit — a violent criminal activity that endangers this community,” it said. “The Crown submits the principles of denunciation and deterrence therefore require a lengthy and severe sentence to address his moral blameworthiness and the gravity of the offence.”
Police discovered the trafficking scheme when they arrested Crawford on an outstanding warrant inside a London Circle K store on Feb. 2, 2023, said the decision.
“Police allege Mr. Crawford discarded a loaded handgun into a display of bagged pistachios in the convenience store just before his arrest.”
When they searched the trunk of Crawford’s car, police found eight other handguns in a knapsack “and launched ‘Project Pistachio’ to discover the origin of these nine guns.”
When investigators extracted data from Crawford’s cell phones, “this information led to evidence of a complex criminal conspiracy amongst nine individuals to smuggle guns purchased in the United States into Canada for profit.”
Several others members of the smuggling ring that secreted as many as 150 restricted or prohibited firearms into Canada received much harsher sentences than Wright. Though co-accused Kiara Joseph-Ince got a conditional sentence of two years less a day for laundering the proceeds of gun trafficking.
“On this continuum of criminal behaviour, I find that the gravity of Mr. Wright’s offence and his moral blameworthiness sits more closely on the spectrum to that of his co-accused who also received a conditional sentence for her peripheral involvement, than with those offenders who were intimately involved in planning, importing and the execution of the trafficking operation itself,” Tranquilli said.
Police identified Wright’s involvement “from a series of text messages between Mr. Crawford and Mr. Wright on the morning of February 2, 2023, before Mr. Crawford’s arrest.”
Crawford was texting with a person known as “Em” who was using Wright’s phone, said the decision.
“The text conversation was argumentative and used street slang to refer to firearms and drugs. The dispute revolved around Mr. Wright storing firearms for Mr. Crawford and that Mr. Crawford wanted their immediate return, at one point threatening bodily harm if Mr. Wright did not immediately comply. The texts show that Mr. Wright acknowledged that he had been paid with cash and drugs for holding firearms, or ‘sticks’ and that he knew Mr. Crawford was selling the weapons for profit.”
Crawford stopped at Wright’s family home that day at 10:38 a.m.
“The vehicle stop and activity coincided with the text messages and were consistent with Mr. Crawford’s demand for the return of the firearms.”
The court heard Wright graduated from high school and began a full-time job with Purolator. “However, he began cocaine use, fell into drug addiction and eventually lost his job.”
Wright called his arrest a “‘slap in the face’ or turning point from his previous unproductive life,” said the decision. “He ended all contact with his previous social circle who were a negative influence. He has surrounded himself with supportive family and friends. He completed an addictions counselling program and receives ongoing support from his aunt, who works in addiction counselling and harm reduction.”
Wright found work while on bail and completed a construction training program, said the decision.
Tranquilli noted that “trafficking in a firearm carries a maximum sentence of 10 years in prison and a mandatory minimum sentence of three years for a first offence…. However, this mandatory minimum sentence has been declared unconstitutional.”
The judge pointed out that “trafficking in firearms is an extremely serious offence.”
People “who transfer firearms to those who are not entitled to possess them bear responsibility for any criminal act that the gun is used for, whether to kill, injure, intimidate or aid in the commission of another offence,” she said.
But Wright “was not central to the trafficking conspiracy in terms of the planning, procuring, smuggling or transfers of the weapons,” Tranquilli said.
“There is no evidence he had communications or dealings with any of the other defendants except for Mr. Crawford. However, his agreement to store or hold an unknown number of firearms in exchange for drugs or cash on at least one occasion remains at the ‘true crime’ spectrum of conduct captured by this offence, as opposed to being a regulatory oversight or momentary lapse of judgment. The content of the text messages shows he knew he was keeping ‘sticks’ or firearms for Mr. Crawford as part of a larger criminal enterprise where the lethal weapons were being sold for profit.”
Trafficking in handguns is “‘particularly malignant’ because they serve no lawful purpose in our society,” said the judge.
Wright’s mother told the court her son was diagnosed with attention deficit hyperactivity disorder and anxiety at a young age.
“His underlying mental health problem does not excuse his poor decisions, but it reduces or attenuates his moral blameworthiness,” said the judge.
Wright spent a “productive” three years on bail, Tranquilli said.
“I find the evidence demonstrates he is sincerely engaged and has used what he describes as his ‘darkest moment’ as his opportunity to become a productive and contributing member of our community.”
Wright “has an excellent support network, who have a realistic appreciation of the strengths and weaknesses of his character,” said the judge.
“While a cynic could argue Mr. Wright’s rehabilitation has all been a performance for this exercise, Mr. Wright has fully participated in his own self-directed recovery. He has moved beyond promises to do better and has accomplished significant milestones in his sobriety, retraining and education. The vouch of support from so many friends and family, all contributing members of our community, is compelling.”
Tranquilli handed Wright a conditional sentence of two years less a day, and two years of probation. During the conditional sentence, Wright must remain home “at all times,” with exceptions for work, training, meeting with his parole officer, worship, medical appointments and counselling. He must also perform 200 hours of community service.
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