Whitehorse Daily Star

Loaded guns were in plain view where kids lived

A man who manufactured and trafficked firearms out of his Whitehorse home has been sentenced to 44 1/2 months in jail.

By Rhiannon Russell on June 17, 2015

A man who manufactured and trafficked firearms out of his Whitehorse home has been sentenced to 44 1/2 months in jail.

Dustin Mackie, 43, appeared in territorial court Tuesday morning to hear Judge Michael Cozens’ decision, and to find out whether he’d be going to federal prison.

Sentences of two years and longer are served in prison, but with credit given for the time he’s spent in remand at the Whitehorse Correctional Centre, Mackie will serve two years less one day, keeping him in the territory.

He pleaded guilty earlier this year to trafficking firearms, unauthorized possession of firearms and possession of property obtained by crime.

Mackie manufactured up to 100 AR-15 semi-automatic rifles and shipped them south, according to an agreed statement of facts.

Court heard that someone alerted the RCMP that guns were being constructed in a home in Whitehorse’s Northland Trailer Park back in 2013.

Police executed two search warrants and seized more than 90 items, including firearms, ammunition, silencers, flare suppressors and other weapon parts.

Several loaded firearms were in plain view around the home, where young children were also living.

Mackie and his roommate, Steven Rathburn, were arrested.

Rathburn pleaded guilty in 2013 to possessing property obtained by crime and unauthorized possession of firearms, and was sentenced to 16 months in jail and one year of probation.

In court Tuesday, Cozens noted Mackie had a bigger role in the operation. While Rathburn only participated in manufacturing, Mackie did both that and distribution.

Mackie shipped four to five guns per week – between 50 and 100 in all. It’s not known where those firearms ended up.

Mackie wouldn’t tell police who bought them. He said he was worried about possible repercussions.

“These are exceptionally serious crimes,” Cozens said, because they create the potential for increased violence and other types of crime.

“The safety of the public was put at risk by Mr. Mackie’s actions,” he said.

Someone of Mackie’s intelligence would have to be willfuly blind not to think that the firearms would be used for criminal activity, Cozens said.

At a hearing in February, Mackie’s lawyer, Bibhas Vaze, proposed the mandatory minimum sentence of three years, while Crown prosecutor Keith Parkkari sought four.

Mackie admitted he refused to acknowledge that he’d done anything wrong for some time after he was arrested. He blamed the RCMP for restricting his freedoms, the Crown for laying charges, and witnesses for reporting him.

But now, he said, he accepts responsibility.

“I do sincerely feel remorse,” Mackie said. “I allowed myself to set aside the safety of those around me.”

He said he’d always excelled at labour jobs, and when he had an opportunity to make some money, he took it, ignoring the criminal element.

The sentence of 44 1/2 months is for the trafficking charge. For each of the two other charges Mackie pleaded guilty to, Cozens handed down six months, concurrent.

After the jail term, Mackie will spend two years on probation.

He’s banned from possessing firearms for life.

Comments (5)

Up 0 Down 0

vigilant local on Oct 18, 2015 at 12:44 pm

Manufacturing weapons is a lot different than selling some to put food on the table... especially when the guns being sold are manufactured with parts from firearms stolen from serious albeit law abiding citizens of the north, fact of the matter is this guy has got a lot to worry about when he gets out, because nobody forgets a thief.

Up 17 Down 0

song on Jun 19, 2015 at 10:10 am

The song "these are the people in your neighbourhood" comes to mind.

Up 42 Down 7

steve on Jun 18, 2015 at 12:28 pm

So this guy creates guns that the criminal element uses to kill people and he says ooops sorry and I won't turn them in because they will kill me. Well sir you should have been given 5 to 10 yrs because you knew from the start what your guns were going to be used for.

Up 53 Down 3

FreeNorth on Jun 18, 2015 at 9:25 am

I understand the dangers of guns and selling them to the wrong people and I don't disagree with the 44 and a half month sentence but I have to ask is that a more serious crime than a sexual assault with a past history of sexual assault? Last week the same judge gave a serial rapist 30 months. This seems inappropriate to me.

Up 33 Down 15

wondering... on Jun 17, 2015 at 10:40 pm

It's hard to prove, but just wondering how many lives were affected due to drive by shootings down south with the guns this man manufactured?

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