Moose Jaw police were patrolling near the Lakeview Trailer Court on Aug. 3, 2020, when they spotted Randy Payton — a man with an outstanding warrant for assault causing bodily harm and choking — standing outside.
Police decided to conduct a vehicle stop, but watched as Payton, 29, from Caronport, drove away in a black Cadillac Escalade, so they followed at a distance until the vehicle stopped at the Dreamland Hotel, federal Crown prosecutor Suzanne Young explained.
Officers approached the vehicle and noticed two people inside, but not Payton since he had gone inside a hotel room, she continued. Police told the occupants to exit the vehicle, while they also noticed open alcohol throughout the Cadillac.
Payton eventually came to the hotel door, where police informed him he had missed a court appearance and was under arrest for the outstanding warrant.
Meanwhile, one officer opened the rear driver’s side door and noticed a shotgun barrel behind the seat, Young said recently during Payton’s sentencing at Moose Jaw provincial court.
Sentencing details
Payton pleaded guilty to possession of a controlled substance (methamphetamines) for trafficking, possession of property (proceeds of crime) under $5,000, and possession of ammunition while prohibited.
The Crown stayed several other charges.
As part of a joint submission, Payton received 600 days in jail for the trafficking, a lifetime ban on firearms, weapons or explosives, and must provide a DNA sample. Since the Caronport resident spent 183 actual days on remand, the court credited him with time served, which means he has 325 days left.
Payton must also serve an extra 90 days in jail for possessing the prohibited ammunition and must serve 18 months on probation once released. He will also serve 120 days in jail concurrently — simultaneously as the main sentence — for the possession of property under $5,000.
Police find evidence
After arresting Payton, officers towed the vehicle to the police station and acquired a warrant to search the Cadillac, Young continued.
Some items they found were bottles of alcohol, a loaded 12-gauge shotgun, dozens of rounds of 9-millimetre ammunition, a digital weigh scale, bear spray, and a black Naloxone-stenciled zipper case with 33.4 grams of crystal meth into small baggies, 2.4 grams of powdered cocaine, 2.5 grams of crack cocaine, 0.5 grams of an unknown powdered, and six prescription pills.
The estimated street value of the drugs was $3,900. Police also found $3,480 in cash on Payton after taking him to cells.
Police obtained another warrant to search Payton’s trailer, Young continued. Inside, some items they found included a gun safe, a Domino’s Pizza topper, a .303 British rifle, more baggies, another digital weigh scale, various ammo calibres, cash, cocaine, and a rifle scope.
“From the federal Crown’s perspective, the bulk of the TSA (Traffic Safety Act) related evidence was found in the vehicle search under warrant. Also in that vehicle was a presence of a firearm. It’s not clear that it was used in the commission of the offence of the possession for the purpose of trafficking … ,” she said. “Obviously, the near presence of a firearm elevates the seriousness of the offence significantly.”
Although this was not a “sophisticated commercial enterprise,” the quantity of drugs, the packaging, and the cash found all suggest that profit was a motivator of these offences, Young stated. Overall, this joint submission is within the range of sentencing for a first-time trafficker and is also generous to Payton due to the pandemic situation.
Judge Brian Hendrickson accepted the joint submission and acknowledged that it was within the range for sentencing.
The Provincial Court section holds articles that have been written without prejudice with the information that has been presented in a public court of appeal available to the media and public.
