Kelowna man sentenced to time served for fentanyl, weapon co...

Kelowna man sentenced to time served for fentanyl, weapon convictions (Kelowna)

A Kelowna man who avoided drug trafficking convictions following a trial last month will spend no further time in jail, despite being convicted for possessing fentanyl and a large bowie knife for a dangerous purpose. Darren Watroba was charged with two counts of possessing fentanyl for the purpose of trafficking, after he was arrested outside Kelowna's Orchard Park Mall on Dec. 19, 2021. Officers found him carrying one bag containing 22.3 grams of fentanyl and another bag with 2.4 grams of a mix of fentanyl and benzodiazepine. He also had a scale and a one-kilogram container of caffeine, along with the bowie knife, several other knives, and what appeared to be some kind of home-made mace, consisting of a bandana tied to a large metal nut. At trial, the Crown relied on the expert testimony of Sgt. Greg Woodcox, who said the quantity of fentanyl Watroba was found with, along with the scale and caffeine, all pointed to Watroba trafficking the drugs, and not possessing it for this own personal use. Sgt. Woodcox said dealers will cut their product with caffeine to increase their profits. But the Crown's allegations that Watroba was selling the fentanyl relied entirely on circumstantial evidence. Taking the stand at his trial, Watroba claimed the fentanyl was for his own personal use, and made the extraordinary claim that he would regularly use up to an ounce of fentanyl in a single day. Sgt. Woodcox told the court that a heavy user might use 0.5 grams of fentanyl in a day, less than one-fiftieth of Watroba's claimed usage. Crown prosecutor Michael Le Dressay said “there is not a human alive that can consume an ounce of fentanyl in a day.” Watroba also claimed he used the scale to sell caffeine to other drugs users, for the purpose of cutting their own drugs with it. But Sgt. Woodcox said a user wouldn't dilute their own drug supply on purpose, and that he only sees dealers cut their drugs to increase profits. In delivering his judgment, Justice Michael Stephens said he believed some of Watroba's testimony was “probably inaccurate,” but wasn't sure if “he was being deliberately dishonest and trying to mislead the court.” Ultimately, Justice Stephens said Watroba “likely” possessed the fentanyl to sell, but that the Crown didn't meet the high standard of “beyond a reasonable doubt” needed for a conviction. He did convict Watroba for possessing the fentanyl for personal use, along with possessing the large bowie knife for a dangerous purpose, despite Watroba claiming he possessed his knives to protect himself from "rabid" raccoons and bears. Sentenced to time served On Friday, Watroba returned to Kelowna court to be sentenced. While Watroba spent a total of 200 days behind bars since the charges were laid in 2022, he's been out of custody on bail for some time. Crown prosecutor Le Dressay and defence counsel Melissa Lowe proposed a joint submission, suggesting a total sentence of 90 days for the three convictions. While Le Dressay said a simple fentanyl possession conviction wouldn't generally warrant a jail sentence, Watroba has 14 prior drug possession convictions. Regardless, Watroaba's time spent in custody prior to sentencing means that the credit he had more than accounted for the proposed sentence, and Justice Wilson sentenced him to time served. Watroba, who has struggled with addiction and mental health issues for many years, told Justice Wilson he has “definitely changed his life around,” but he's working to find stable housing at this time.

Darren Watroba was charged with two counts of possessing fentanyl for the purpose of trafficking, after he was arrested outside Kelowna's Orchard Park Mall on Dec. 19, 2021.

Officers found him carrying one bag containing 22.3 grams of fentanyl and another bag with 2.4 grams of a mix of fentanyl and benzodiazepine. He also had a scale and a one-kilogram container of caffeine, along with the bowie knife, several other knives, and what appeared to be some kind of home-made mace, consisting of a bandana tied to a large metal nut.

At trial, the Crown relied on the expert testimony of Sgt. Greg Woodcox, who said the quantity of fentanyl Watroba was found with, along with the scale and caffeine, all pointed to Watroba trafficking the drugs, and not possessing it for this own personal use. Sgt. Woodcox said dealers will cut their product with caffeine to increase their profits.

But the Crown's allegations that Watroba was selling the fentanyl relied entirely on circumstantial evidence.
Taking the stand at his trial, Watroba claimed the fentanyl was for his own personal use, and made the extraordinary claim that he would regularly use up to an ounce of fentanyl in a single day.

Sgt. Woodcox told the court that a heavy user might use 0.5 grams of fentanyl in a day, less than one-fiftieth of Watroba's claimed usage. Crown prosecutor Michael Le Dressay said “there is not a human alive that can consume an ounce of fentanyl in a day.”

Watroba also claimed he used the scale to sell caffeine to other drugs users, for the purpose of cutting their own drugs with it. But Sgt. Woodcox said a user wouldn't dilute their own drug supply on purpose, and that he only sees dealers cut their drugs to increase profits.

In delivering his judgment, Justice Michael Stephens said he believed some of Watroba's testimony was “probably inaccurate,” but wasn't sure if “he was being deliberately dishonest and trying to mislead the court.”

Ultimately, Justice Stephens said Watroba “likely” possessed the fentanyl to sell, but that the Crown didn't meet the high standard of “beyond a reasonable doubt” needed for a conviction.

He did convict Watroba for possessing the fentanyl for personal use, along with possessing the large bowie knife for a dangerous purpose, despite Watroba claiming he possessed his knives to protect himself from "rabid" raccoons and bears.

Sentenced to time served

On Friday, Watroba returned to Kelowna court to be sentenced. While Watroba spent a total of 200 days behind bars since the charges were laid in 2022, he's been out of custody on bail for some time.

Crown prosecutor Le Dressay and defence counsel Melissa Lowe proposed a joint submission, suggesting a total sentence of 90 days for the three convictions. While Le Dressay said a simple fentanyl possession conviction wouldn't generally warrant a jail sentence, Watroba has 14 prior drug possession convictions.

Regardless, Watroaba's time spent in custody prior to sentencing means that the credit he had more than accounted for the proposed sentence, and Justice Wilson sentenced him to time served.

Watroba, who has struggled with addiction and mental health issues for many years, told Justice Wilson he has “definitely changed his life around,” but he's working to find stable housing at this time.