Drug dealer’s medical state saves him from jail time

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This article was published 29/09/2010 (5836 days ago), so information in it may no longer be current.

A prolific Winnipeg drug dealer has been spared a jail sentence based on “exceptional” circumstances that include the fact he his HIV-positive and fighting cancer.

Daniel Tarnowski, 48, was given a two-year conditional penalty Tuesday that allows him to remain in the community. The Crown had been seeking a four-year prison term for Tarnowski, who has a lengthy criminal record including several prior drug convictions.

Queen’s Bench Justice Morris Kaufman said his sentence should not be held as a precedent for other offenders.

“The evidence persuades me that this is an exceptional case,” he said. Kaufman cited Tarnowski’s ongoing medical issues, along with his time spent on bail attending various treatment programs and becoming a well-respected leader in the city’s Teen Challenge program for addicts.

Tarnowski has been deemed a low risk to reoffend and had numerous letters of support filed on his behalf, claiming he has finally kicked his own drug addiction that at one point saw him spending up to $10,000 per week on cocaine.

Tarnowski was arrested in 2008 after getting caught with nearly $90,000 worth of methamphetamine, which could have produced more than 2,000 individual units for sale on the street. He had shipped 228 grams of the drug to himself in Winnipeg via courier, with the package originating in Vancouver.

Tarnowski pleaded guilty to possession for the purpose of trafficking but claims he stopped selling drugs for profit in 2007. Defence lawyer Ryan Amy told court his client was instead “giving away” the drugs to friends of his, at no charge.

Tarnowski had obtained the money to buy the drugs by asking his father for a loan and claiming the money was going to be used to purchase a car, court was told.

Although suspicious of Tarnowski’s version of events, the judge said Tuesday there is no evidence to the contrary.

www.mikeoncrime.com