Suspicious officers found cocaine in vehicle
A local restaurateur who started selling cocaine to pay for his own drug habit is facing 18 months behind bars.
A local restaurateur who started selling cocaine to pay for his own drug habit is facing 18 months behind bars.
Tai Pang Nipp pleaded guilty to one count of possession for the purposes of trafficking Friday, changing his original plea of not guilty and abandoning his quest to have the evidence against him thrown out.
Nipp was arrested by Whitehorse RCMP in March 2010, after police spied him driving a car which had been involved in a previous drug deal.
They followed Nipp and watched as he and another vehicle met briefly in the empty parking lot of the McCrae gas bar, and appeared to exchange something through Nipp's window.
The car was the same one driven by Yao Lin Guan, a former employee of Nipp's who was also caught mid-deal by the police.
After he was found guilty of selling cocaine, Guan told Yukon Supreme Court he had come to Whitehorse to work at a Chinese restaurant but soon started selling drugs as well.
The sight of two cars, one of which was involved in another known drug deal, meeting in front of a closed business was enough for the officers to act on their suspicions.
They pulled over and arrested both drivers and found a package containing 76 grams of a pale brown powder which smelled like cocaine on the floor of Nipp's car.
They also seized more than $1,600 in Canadian and U.S. cash from the 54-year-old cook and restaurant manager.
At his trial, which began last Tuesday, Nipp's lawyer, Ed Horembala, tried to have the drug evidence against Nipp thrown out on the grounds it was obtained during an unlawful search and seizure, but territorial court judge Heino Lilles allowed it.
The brownish powder found in Nipp's car was a mix of 18 per cent cocaine and 18 per cent heroin, according to Cpl. Todd Monkman of the Whitehorse RCMP drug section, who testified as an expert witness.
While cocaine is a very popular street drug in the Yukon, heroin is virtually unknown here, according to Monkman. Users would not have expected the heroin nor its effects, he said.
At the time, an informant told drug investigators there was a drug on the street which was making cocaine users sick, Monkman said, and the heroin could have been responsible.
As Crown prosecutor Jennifer Grandy pointed out after the trial, Nipp likely didn't know what the cocaine was cut with.
After three days of trial testimony, Nipp pleaded guilty to the charge against him, and both sides agreed to a sentence of 18 months in jail.
Horembala told the court Nipp started using cocaine when he came to the Yukon in 1984, three years after moving to Canada from China.
Over the years, he sired four children, now aged 12 to 26, all of whom live in Vancouver, where they have been raised by their grandparents.
He has worked at, run and owned a number of restaurants around the Yukon since his arrival, and has managed Kathy's Kitchen in the T&M Hotel since 2008.
In April 2009, Nipp's wife divorced him and "partially because of that,” he started taking more cocaine, Horembala said.
His salary and occasional gambling winnings weren't enough to pay for his addiction, so Nipp started dealing, Horembala said.
Judge Lilles seemed hesitant to accept the Crown and defence counsel's joint submission of 18 months' imprisonment. He pointed out that 76 grams is a "considerable amount” (a street value of around $8,000, according to police evidence from past trials).
"I'm not attacking the joint submission – yet.” Lilles said after questioning the length of the sentence.
Both Horembala and Grandy defended the submission, saying Nipp has no criminal record and his forays into drug dealing are directly related to his addiction.
Lilles ultimately accepted the suggested 18-month sentence, along with a 10-year firearms ban.
As for the man's cocaine addiction, the judge said that is for him to deal with, not the courts.
"We are not dealing with a young person,” Lilles said after declining to make any probation orders.
"We are dealing with an older person who knows the issues he has to deal with better than me or you.”
Comments (9)
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Francias pillman on Feb 9, 2011 at 10:14 am
Restitution for victims? Gimmie a break and give your head a shake. Drug dealers provide drugs people demand. There are no victims here. They choose that way of life, PERIOD. No one forces them to do the drugs so where do you get the ridiculous notion that they deserve some type of restitution? Thanks for the laugh though. Welcome to the Yukon, where no one is ever responsible for their own actions, and it's always someone else's problem.
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Anonymous on Feb 8, 2011 at 2:35 pm
"Bedrock Billy": Multiculturalism has nothing to do with this story whatsoever. Your blatantly racist argument is neither valid nor sound. Keep your racist comments to yourself and focus on the issue at hand: the man pleaded guilty and is sentenced to 18 months in jail.
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nicole on Feb 7, 2011 at 9:18 am
anyone else wonder why the title of the article states "suspicious police officers found cocaine" The police were not suspicious nor does it have anything to do with them being suspected of something abnormal
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damien lankow on Feb 6, 2011 at 8:08 am
He didn't destroy their lives. People make their own choices. They would have found what they were looking elsewhere if he hadn't supplied it. People should take responsibility for their own actions.
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bedrock billy on Feb 1, 2011 at 9:28 am
Jill Jones: With all the lives other than his own he has destroyed, and 18 months with time served and at least 1 third off, you say that is paying for his crimes. What about restitution to his victims. But notice how when they get caught they use all the excuses they can think of to take away the responsibility from themselves and put it on others - his wife, his divorce, gambling losses, the stress of moving to a new country etc. Get it straight Ms Jones, this man is NOT paying for his crimes. And don't think for a moment our cushy jail is going to reform him. You will hear of him again and is lame excuses before long. Its time to put these people in a real reform system - chain gang, making licence plates come to mind. And definitely more jail time.
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June Jackson on Feb 1, 2011 at 8:45 am
Addiction is a terrible thing..
i don't want to hear any sob stories about my wife left me.. there are people who have suffered pain and loss beyond my imagining..and they are not on the street hooking young people on dope and turning them into junkies.
i hope you never leave that jail
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Jill Jones on Feb 1, 2011 at 2:34 am
Multi culturalism is a reality in this day and age.
He is paying for his crime, pleaded guilty early so there is not a long drawn out court proceedings. Let's hope that he overcomes that addiction so he can try and have a relationship with his children. Doesn't matter what colour you are, drugs have taken over and ruined so many lives, were all human. What he did was wrong and he will be paying for his crime.
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Geo Hill on Jan 31, 2011 at 4:27 pm
Not only mine companies find Yukon a good place to business.
No record because it took 3yrs to catch him.
Forgot to thank him for adding Heroin to the other Yukon street poisons. Anyone's guess on how long it takes to find where the occasional gambling winnings came from.
3Yrs&76; grams =18 months!!
Almost worth the risk???
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bedrock billy on Jan 31, 2011 at 9:32 am
Oh, multiculturalism! Isn't it just wonderful! Wish Pierre Trudeau was still alive so I could thank him for the wonderful gift to Canada.