Pair guilty of drug trafficking, one takes rap for illegal firearms

John Wayne Bourne will shoulder the bulk of the responsibility for a stash of cocaine and an arsenal of illegal weapons found in a Riverdale home in…

John Wayne Bourne will shoulder the bulk of the responsibility for a stash of cocaine and an arsenal of illegal weapons found in a Riverdale home in May.

Both Bourne, 35, and co-accused Kelly Ryan Auclair pleaded guilty to possessing cocaine for the purpose of trafficking on Tuesday in Yukon territorial court.

Bourne also took the rap for nine firearms-related charges including possession of two prohibited weapons — an AK-47 and a MAC-10 machine pistol.

For his crimes the Whitehorse man was sentenced to 33 months in a British Columbia penitentiary, plus time already served in custody.

Bourne will serve 18 of those months in jail on the drug charge, and the final 15 months for the illegal weapons charges.

The time already served in custody will cover the other firearms offences, said Chief Judge John Faulkner, who accepted the joint submission on sentencing prepared by the Crown prosecutor Eric Marcoux and defence lawyer Daniel Geller.

Eighteen months on drug charges is within the range set in precedents, said Faulkner.

“It’s at the low end of the range, but not out of the range,” he added.

Auclair, 29, had a lesser involvement with the drugs found in the home, said Geller.

The main responsibility is Bourne’s; Auclair is “peripherally responsible,” he said.

Auclair ran a successful body-piercing studio in BC, and came north intending to open a similar business in Whitehorse.

When that didn’t pan out, he was eager to leave the Yukon, but couldn’t, said Geller.

He was court ordered to stay in the city to await a hearing on another unrelated assault charge, which ended up being stayed.

He had little money and was simply staying in the home when the bust went down.

Auclair was sentenced to time served — 4.5 months credited at time and a half to total seven months — and a two-year probation order.

Under the order, he must regularly report to a probation officer and must not be in the Yukon except with prior written permission, which may be granted for employment or education, said Faulkner.

The charges stem from a bust in May where the Whitehorse RCMP’s street crime reduction team used a battering ram to bust down the door of 49 Sternwheeler, off Lewes Boulevard in Riverdale.

There were five people — including Bourne and Auclair — in the home when the bust went down.

In the kitchen cops found 31 rocks of crack cocaine stashed in a magnetic key holder.

They found two more rocks in a cupboard above the stove and five other bags, each filled with 0.5 grams of powdered cocaine.

They also found 14 2.2-gram bags of cocaine shoved in a jar of protein powder and two Pyrex measuring cups dusted with cocaine residue — one held an impression of Auclair’s fingerprint.

In a key holder near the front door, cops found another 31 rocks.

Then there was cash.

In Bourne’s room, police found $20,000 in bills stowed away in a shoebox. They also found $1,200 on Auclair, and more than $600 on Bourne.

Police also found two scales, and between 20 and 30 cellphones, most of which didn’t work.

And in the basement, they uncovered an arsenal.

There was an AK-47 assault rifle, a Mach 10 machine pistol and a handful of shotguns and rifles that had been reported lost or stolen by their owners.

All the firearms were unloaded, but police also found “a large amount of ammunition,” said Marcoux.

“At the end of the day, Mr. Bourne accepts primary responsibility for the drugs and weapons,” said Faulkner.

“Auclair admits he was somewhat involved in the cocaine trafficking operation, as made obvious by the fingerprint found on the cup.”

The drugs and guns seized during the bust will be forfeited to the Crown and destroyed.

But the cash is another story.

The money found on Auclair will be used to help pay his moving expenses out of the territory.

And, Bourne may apply to use some of the cash found in his shoebox to pay his lawyer’s fees.

Both men may not possess a firearm for 10 years after their release.

The Crown stayed the proceedings against co-accused Matthew Devellano.

Jason Dennis Johnson, of Whitehorse, was also charged with possessing ecstasy for the purpose of trafficking during the bust in May. He is slated to go to trial in mid-October.

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