Arrested for Assault, Drugs, and Baseball Bat after HAWC helicopter pursuit
OFFENCE: Possession for the purpose of trafficking – Proceeds of Crime – Assault – Possession of a Weapon for a dangerous purpose
RESULT: Conditional Discharge
LAWYER: Sean Fagan
Regina v. X.X. – August 2018
Charges: Section 354 of the Criminal Code of Canada – Section 5(2) of the Controlled Drugs and Substances Act – Section 266 of the Criminal Code of Canada – Section 88(1) of the Criminal Code of Canada.
X.X. was charged with a multitude of very serious offences following a road rage incident. X.X., along with his girlfriend, were passengers in a vehicle travelling along a busy throughway in Calgary, AB, when X.X.’s girlfriend became upset and jumped from the vehicle. X.X. exited the vehicle and attempted to persuade her to get back in the vehicle; meanwhile, traffic began to backup. The occupants of a luxury vehicle immediately behind X.X. honked the horn and yelled at X.X. In response, X.X. approached the passenger side of the luxury vehicle, kicked it, and punched the passenger in the face. The driver of the luxury vehicle, and father of the young passenger who just got punched in the face, got out of the driver’s seat to defend his son, who X.X. also attempted to punch. Thereafter, X.X attended back to his vehicle where he retrieved a metal baseball bat, swinging it in a threatening manner. The occupants of the luxury vehicle were able to escape and drive away to nearby safety where they Called 911.
X.X. returned to his vehicle and all three occupants took off at a high rate of speed. The Calgary Police Service, who received the 911 call, dispatched the HAWC helicopter to pursue X.X’s vehicle. HAWC managed to track down X.X.’s vehicle and relayed its position to officers in the neighbourhood. The officers ultimately intercepted X.X.’s vehicle and initiated a traffic stop. The officers took all three occupants of the vehicle into custody at gunpoint. Following their arrest, the Calgary Police Service searched the vehicle and seized a metal baseball bat, drugs, a significant amount of cash, and multiple cell phones that contained drug trafficking-related text messages.
X.X. was charged with possession for the purpose of trafficking, proceeds of crime, possession of a weapon for a dangerous purpose, assault, and mischief. X.X. was facing a lengthy period of incarceration if convicted of these offences.
X.X. retained drug defence lawyer Sean Fagan who is experienced in defending charges of this nature. This prosecution was particularly challenging to defend because it was effectively two distinct prosecutions – -an assault prosecution and a drug trafficking prosecution. In a case like this, it is important to hire the best criminal lawyer you can afford.
Ultimately, Sean Fagan was successful at securing the withdrawal of all charges relating to the drugs, proceeds of crime, and weapon. Further, Sean Fagan was successful in convincing the Court to impose a conditional discharge for the assault and mischief charge, which means no criminal conviction is entered on X.X.’s record upon the successful completion of a period of probation. This is a truly exceptional outcome given the multitude of serious offences and the fact that this case involved violence.