$20K ‘likely’ drug money: Prince Albert judge

Any doubt is enough doubt for a Prince Albert judge.

On Tuesday Jade Tyler Napope, 28, was found guilty of possession of cocaine for the purpose of trafficking.

He was conversely found not guilty of possession of the proceeds of crime and possession of marijuana by Judge H. Harradence.

More than $5,000 was found in Napope’s pants and in a truck he had been driving last summer. He was pulled over on an outstanding warrant for his arrest.

A baton, knife, scale, wallet with Napope’s IDs, plastic baggies and more than $16,000 were found in a bag in the truck’s back seat.

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While Harradence concedes that “it is likely” the money was for trafficking drugs, he had enough reasonable doubt that he couldn’t find Napope guilty on the proceeds of crime charge.

Harradence pointed out Napope is considered innocent until proven guilty, and “probably guilty” is not enough to render a guilty verdict.

The ruling on marijuana stated Napope was not in actual possession of the marijuana, which had been in a driver’s side door cupholder of the truck he was found in.

The cocaine, which amounted to more than 10 grams found bagged in three separate “eight balls,” was found in the co-accused, Destiny Adam’s, bra, according to testimony from Napope’s trial.

Adam testified she had the drugs for personal use, and that she had been a heavy cocaine user at the time of the arrest.

Her evasive demeanor during testimony on her use of cocaine indicated she was not truthful, Harradence said in his ruling.

In effect, Harradence ruled he was satisfied that Napope had knowledge and control of the cocaine.

Several other matters related to almost four years of charges against Napope were brought forward for sentencing on Tuesday.

They include breach of probations, breach of undertaking, possession of marijuana, failure to appear, and failing to stop for police.

Crown prosecutor Sylvia Verkerk requested somewhere in the range of 18 to 24 months in her arguments for what kind of sentence Napope should receive.

Harradence was not yet ready to determine a sentence, which prompted Napope’s defence, Mary MacAuley, to push forward a request for a presentence report.

This report will consider Gladue factors, which are cultural considerations a judge must make for aboriginal people.

These factors could include family or an individual going to residential school, substance abuse within the family, racism, abuse, lack of educational opportunities within a community, or alternative sentencing options.

However, aboriginal people can waive analysis of these factors, something that happened recently with Keegan Venne’s sentencing. 

The sentencing has been adjourned until late February.

claskowski@panow.com

On Twitter: @chelsealaskowsk