ST. JOHN'S, N.L. — Is 18 months in jail enough for a biker gang associate convicted of selling cocaine? At first, provincial court judge Jim Walsh didn’t think so.
When he considered certain aspects of the case, however — including the complexity of the 75,000 pages of documents in the file and the fact that time is running out before the case must be tossed out of court — he agreed with the sentence.
On Friday, Walsh sentenced Vincent Leonard Jr., 41, on two charges of trafficking cocaine. Two charges related to possession of the drug were withdrawn by the Crown as part of a plea deal, and other charges related to organized crime will also be withdrawn.
Walsh accepted a joint submission from Crown prosecutor Trevor Bridger and defence lawyer Bob Buckingham on sentencing, giving Leonard Jr. 18 months in prison followed by 12 months of probation, along with a 10-year firearms ban and an order for a DNA sample.
Leonard Jr. was one of 10 people arrested and charged a year ago after police executed search warrants at six places in Cupids and St. John’s, including the Sports Bar on Boncloddy Street and homes in the downtown area.
Also arrested were Leonard Jr.’s father Vincent Leonard Sr. and brother Shane Leonard, as well as Wayne Johnson, Thomas Snow, Allister Hayley and Kenneth Kerrivan, all of St. John’s; James Curran of Cupids Crossing, Joseph Mcintyre of South River and Dr. Brendan Hollohan of Paradise, whose medical practice was on Queen’s Road.
Among the items seized were Vikings vests pins and patches, weapons, photos, jewelry, eight motorcycles, two pickups, cash, cocaine, cannabis resin, oxycodone pills, temazepam pills and a powder that contained fentanyl.
Upon hearing the lawyers’ suggestion for sentencing, Walsh noted it was much lower than would be expected, and perhaps not within the accepted range for the charges.
The lawyers explained their reasoning, saying the file was complex given the 10 accused and 75,000 pages of disclosure between them, and the cost of a trial would be significant had Leonard Jr. not made a plea deal. Much of the evidence against Leonard Jr. came from a police informant, who would be at risk of exposure and retaliation if he testified.
Also, there’s the issue of the Jordan ruling, a July 2016 Supreme Court of Canada decision dictating that cases must be tossed out after 18 months in provincial court and 30 months in supreme court due to “presumptively unreasonable” delay (delay caused by the defence doesn’t count, and the Crown is open to prove exceptional circumstances).
Leonard Jr.’s case — which involved informants, multiple wire taps, warrants, surveillance and more — would likely not have met the deadline had it gone to trial, the lawyers said.
“He’s acknowledging remorse quickly. He’s giving up his right to trial — a significant right to give up,” Buckingham told the court. “It’s not a frivolous defence, either.”
The court heard the details of Leonard Sr.’s case in an agreed statement of facts. His arrest stemmed from an investigation into the murder of Dale Porter, who was stabbed to death on his property in North River in June 2014. Two men, Allan Potter and Daniel Leonard — Leonard Jr’s brother — are charged with first-degree murder as a result, and their preliminary inquiry will begin in November. That investigation became Operation Bombard, a joint RCMP/RNC investigation that included alleged criminal activity of the Vikings Motorcycle Club.
Police believe Leonard Jr and Hollohan are associates of the club, while others arrested are full members, affiliated with the Hells Angels.
In April 2015, a police informant bought an ounce of cocaine from Leonard Sr. at his Cabot Street home, and turned it over to police. When he called a week later to buy more, Leonard Sr. told him that he had a medical appointment and wasn’t available to meet, but his son, Leonard Jr., was. The younger Leonard sold the informant a bag of cocaine for $1,500, telling him the normal price would be higher, but his dad was doing him a favour.
The informant asked about the possibility of buying 17 more ounces, and Leonard Jr. told him it wouldn’t be a problem for his father to get that amount. The informant eventually paid Leonard Sr. $27,000 for the 17 ounces, handing it over to police, who evaluated it at about 28 per cent pure.
Surveillance and wiretapped conversations revealed an exchange between the two Leonards and another man who was buying cocaine from Leonard Sr. that took place in the shed behind the house at Cabot Street.
“Just bring me up five now,” the father told his son, who went inside the house and came back.
“Is that all of it?” Leonard Jr. asked.
“It’s everything I’m going to need,” his father replied.
Buckingham gave the court details of his client’s background, saying he’s a common-law husband and a father of multiple children who has been a poultry worker for his entire adult life. Leonard Jr.’s criminal record consists of one prior conviction, for impaired driving in 1997.
Leonard Jr., who had been out on bail since the day after his arrest, was taken into custody immediately following Walsh’s sentencing. Leonard Sr. is scheduled to make his next appearance in court on Oct. 18.
Twitter: @tara_bradbury
