Whitehorse Daily Star

RCMP followed car after being told of gun

Two Whitehorse men have been standing trial this week on charges of marijuana and cocaine trafficking.

By Gord Fortin on September 20, 2018

Two Whitehorse men have been standing trial this week on charges of marijuana and cocaine trafficking.

George Urban Jack Dawson, 25, and Cody Joseph Charlie, 29, appeared before territorial Judge William Digby.

Both men also face charges of possessing prohibited weapons, and Dawson faces a charge of unauthorized possession of a firearm.

The trial began Monday with a voir-dire, with Dawson and his lawyer, Amy Steele, filing Charter of Rights and Freedoms applications alleging that his arrest had violated his rights. Charlie and his lawyer, Norah Mooney, made no such applications.

During the voir dire on Monday and Tuesday, Crown prosecutor Susan Bogle called four witnesses. She said she would be asking them to testify in such a way that their evidence could also be admissible to the trial proper without having to be recalled.

Her first witness on Monday was RCMP Const. Mitchell Hutton. He said he was on duty on Oct. 31, 2017 with the crime reduction unit.

Hutton said he was in an unmarked police vehicle with Const. Kerry Jury driving along Fourth Avenue when they noticed a fight at the Big Bear Beer, Wine and Spirits business between 11 p.m. and midnight. After one person threw a punch that did not connect, Hutton said, the group quickly dispersed.

The officers were approached by an unknown female afterward who asked for a cigarette. Hutton figured she did not know he’s with the police.

He asked about the fight, and she told them someone was waving a hand gun and claiming to be a drug dealer. She said this individual got into the back seat of a Chrysler 300 parked nearby.

Hutton added that she left after they could not give her a cigarette.

That vehicle began to move, with the police following. Hutton explained he did not want to lose sight of the car, since he believed there was a handgun inside.

He based his concern on the recent string of gun violence at the time. He added the firearm was the reason he intended to stop the vehicle.

Hutton said he radioed for back-up, which included two more plainclothes officers and uniformed officers in marked cars. He explained he wanted to wait until uniformed officers could assist so the occupant would know for sure police had stopped them.

“The more officers, the safer we are,” Hutton testified.

Police followed without emergency lights nor siren activated. The Chrysler was driven to a condo complex on Wann Road in Porter Creek, and police moved in and blocked the car.

Hutton said he ordered all occupants to put their hands on the roof. All complied, while one voiced his displeasure.

The vehicle had four people inside: Dawson, Charlie, a third individual who is co-accused but not on trial, and a teenaged girl who is not charged.

Hutton said he had his pistol drawn, still concerned about the handgun. He held his gun by his side, calling this position at the low ready.

Hutton removed the driver (Dawson) from the car. Hutton explained that the driver is the most dangerous person in a suspect vehicle, since he or she controls it.

Hutton did a patdown search on Dawson, which revealed a pair of brass knuckles – a prohibited weapon – a cellphone and $320. Dawson was arrested in connection with the prohibited weapon.

Searching the car, police found a bag full of baggies of marijuana, weighing approximately 93.62 grams, and about six grams of cocaine.

A collapsible baton, a knife and several cellphones also were found.

Hutton informed Dawson he was also being arrested for suspected drug trafficking.

Steele asked if the woman who had sought the cigarette had been able to provide a description of the individual with the gun, and if she seemed impaired.

Hutton said she offered no description, and she could have been intoxicated, but not to a gross level.

Steele asked if the police tried to identify her. Hutton said neither he nor Jury did because of time.

He added there was no way to corroborate her statement and watch the vehicle.

Steele suggested that Hutton did not have grounds to make an arrest. The officer disagreed, saying his intention was to detain the passengers while investigating the handgun complaint. Had nothing been found, that would have been the end of it, he said.

Mooney was allowed to cross-examine Hutton, despite her client not having raised Charter issues, as Hutton’s voir dire testimony would be applied to the trial proper.

She asked if anyone was sent to find the informant, to which Hutton said no.

Mooney next asked why he didn’t obtain a warrant and have the car towed. Hutton said he could have, but elected not to. She asked if a handgun was found, to which he said no.

The next witness called in the voir dire was Const. Patrick McRorie, who was in an unmarked police vehicle with Const. Jeff Reid. He was called to assist Hutton’s pursuit of the Chrysler.

After the vehicle was stopped, McRorie approached the front passenger side, where Charlie was seated. He also had his pistol drawn at the low ready.

It was McRorie who found the baton between the console and the driver’s seat, a cellphone in the console and a bag of drugs partially hidden under the seat.

Steele put it to McRorie that he never saw the drugs until everyone was out of the vehicle. McRorie said he had seen the bag while talking to Charlie on the other side of the car. He added he walked over to the passenger side to confirm his finding.

The officer added that drugs were not his immediate concern, as he was looking for a firearm.

Mooney asked if a handgun was found on her client; McRorie said there was not. He said he did a quick patdown search of Charlie, who was polite and co-operative, and found nothing.

Jury gave similar testimony about seeing a fight downtown and following a vehicle.

She processed all the cellphones found in the car or on the occupants.

She recorded sim card numbers and serial numbers in case she later needed a warrant. She said Dawson’s iPhone received messages on Nov. 2.

She said she glanced at the message and saw it was someone asking to purchase drugs.

Steele argued that Jury had searched the phone when she should have sought a warrant. Jury said she needed to record the phone’s identification numbers to process them as evidence.

Reid, the final voir dire witness, was in McRorie’s vehicle. He gave similar testimony about stopping the Chrysler, saying safety is the main concern of all officers.

He too said there was a concern based on violence in the area at the time, and he too had his pistol at the low ready.

When Bogle asked why he was concerned, Reid said there had been a reported gun in the vehicle.

“Not getting shot; standard concern,” Reid said.

He added he assisted with processing at the APU. Under Steele’s cross-examination, he said correctional staff did further searches of everyone brought in.

The trial resumed this morning.

Comments (8)

Up 2 Down 0

The Curitiba guy on Oct 12, 2018 at 2:35 am

Another great job by RCMP, Const. Jury always serving her community with the best of her abilities. People should be grateful to have such an amazing anti drug enforcement, let's clean up the streets!

Up 19 Down 0

Yukoner on Sep 24, 2018 at 6:39 am

I would want my pistol drawn as well, confronting these filthy scumbags. Great job to these officers, please know that your work is appreciated.

Up 20 Down 0

Ilove Parks on Sep 23, 2018 at 12:36 pm

Next we will hear they were traumatized by the RCMP takedown and need treatment for PTSD.

Up 22 Down 0

My Opinion on Sep 23, 2018 at 2:04 am

Are we tired of this yet People?????? Our Courts are a Farce. We pay the price.

Good Job "M"

Up 38 Down 8

Lucky them on Sep 21, 2018 at 10:37 am

All I gotta say is, these fine upstanding and productive members of our society are lucky to be living in the days of liberal and muzzled police force.

Now the "criminals" are whining about charter rights and feelings, cause they know how to play the system. What a joke. Really surprised there was no mention of gladue report or residential schools in their defense. I guess that's coming up at sentencing.

Up 41 Down 0

Ilove Parks on Sep 20, 2018 at 6:46 pm

Let's ensure no rights were violated give them a fair trial and if convicted lockem up.

So tired of people living the drug culture getting off easy.

Up 33 Down 2

Josey Wales on Sep 20, 2018 at 5:09 pm

Good job M...good damn job.
The less scumbags free ranging the better for our community.
Hope it stands in our defunct courts.

Up 81 Down 3

let's wait and see on Sep 20, 2018 at 3:38 pm

Good job RCMP. I really hope we don't see this one get thrown out in court because they didn't cross a "t" or dot an "i". The drug dealers are the victims, aren't they? (rolls eyes)

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