THUNDER BAY — A Thunder Bay man found with nearly $270,000 worth of drugs in his possession said his arrest likely saved his life and while he was seeking a conditional sentence recognizing his steps at rehabilitation, a judge said the sentence needs to reflect the harm drug trafficking has on the community.
“I think this was a wakeup call for you and likely saved your life, but I don’t think it provides an excuse or gives you an easy way out for an offence of this magnitude,” said Justice Claudia Belda Perez during a sentencing hearing for 28-year-old Evan Nummikoski.
Nummikoski appeared before Belda Perez in a Thunder Bay courtroom on Monday for sentencing after previously pleading guilty to one count of possession of cocaine for the purposes of trafficking in May 2023.
According to the agreed statement of facts, investigators with the Thunder Bay Police Service received reports through Crime Stoppers in August 2022 of possible drug trafficking activities in the community.
An investigation was launched focusing on two vehicles and two residences. Over the course of several weeks, investigators observed one of the vehicles registered to Nummikoski sitting in parking lots for long periods of time and meeting with individuals for short intervals.
A search warrant was executed on the vehicle and a residence in the 300 block of High Street North in October 2022.
During the search of the residence, police seized 1.28 kilograms of powder cocaine, approximately 3,800 hydromorphone pills, 589 oxy-condone pills, and 19 morphine pills. All the drugs seized had an estimated street value of $269,885. A digital scale was also located along with $51,316 in Canadian currency and $2,382 in American currency.
A search of the vehicle also uncovered an additional 16.25 grams of cocaine and another digital scale.
Nummikoski was originally charged with four counts of possession of a controlled substance for the purposes of trafficking, as well as one count of possession of property obtained by crime over $5,000.
Contested sentencing submissions were presented to Belda Perez on Monday, with defence counsel Michael Hargadon arguing for of a two-year conditional sentence to be followed by three years probation and Federal Crown attorney Misbah Haque seeking five years in custody.
Hargadon acknowledged a conditional sentence in this case was unusual given the seriousness of this offence, but he argued Nummikoski has exhibited compelling mitigating factors.
These factors include Nummikoski’s admission of guilt and expressions of remorse, as well as the steps he has taken toward rehabilitation and sobriety since his arrest.
Prior to sentencing, Nummikoski testified before the court that he sold the cocaine to fund his addiction to opiates.
According to Nummikoski, he had been addicted to opiates for many years and his addiction had gotten out of control to the point where he was spending more than $20,000 a month on pills.
When asked if he ever sold the opiates, Nummikoski said he did not and the reason he had so many in his possession was because they were difficult to obtain on the street so when he could, he would buy as many as possible.
“I was afraid of them becoming like me and perpetuating their addiction,” he said of refusing to sell opiates to others. “And the overdose risk of opiates. I did not want someone to take them and overdose.”
Hargadon pointed out that Nummikoski knew the dangers of trafficking opioids and refused to do so, referring to him as an ‘ethical drug trafficker.’ Hargadon did acknowledge that cocaine is still a dangerous drug, but he said it is not fuelling the drug epidemic in the city like other substances.
A pre-sentence report also revealed that Nummikoski has been sober since his arrest, that he has been undergoing counselling for addictions, and he has been volunteering with various community groups.
Several letters of support were also shared with the court from members of his family, who said his arrest and addiction have been heartbreaking but they support his continued recovery.
“We have been and remain dedicated to supporting Evan to his rehabilitation,” a family member wrote to the court. “Our family is prepared to do whatever to support him in this process and that he learn from his mistakes.”
The Crown was seeking a sentence of five years in custody, with Haque pointing out that other sentences for cases involving trafficking of cocaine of similar quantity ranged between five and eight years.
Haque did acknowledge the mitigating factors, including Nummikoski’s efforts toward rehabilitation and his strong familial supports.
“These are all things that suggest Evan comes from a good family and suggests his rehabilitative prospects are good,” he said.
“But the fact of the matter is the court still has a duty to denounce and deter. Significant time in custody and a penitentiary sentence are an appropriate way to address denunciation and deterrence.”
When given the opportunity to address the court, Nummikoski said he is grateful for the opportunities he has had since his arrest, including serving in the community as a volunteer.
“It allowed me to witness first-hand the impact drugs have on our community and the vulnerable people in it,” he said. “I want to continue to help these people in any way I can.”
Nummikoski added that he is looking forward to continuing with his sobriety and rebuilding his relationship with his family.
“I am grateful to the Thunder Bay Police for their role in my sobriety, as my addiction had become unmanageable and would have led to my demise if they had not intervened,” he said.
Belda Perez commended Nummikoski for the steps he has taken to better himself and address the harms drugs have taken on the community.
But she also said while his life was likely saved by his arrest, drug trafficking remains a serious problem for the community and the vulnerable people who become victims.
“It is an epidemic in this city and we not only have to deal with people here who do it locally but also from people from out of town. It is also really concerning that you had over 1.2 kilos of cocaine, and quite a bit of currency, which indicate this was a bit of a large-scale operation in terms of what you provided to the community,” Belda Perez said.
“I was asked by your counsel to consider that you were more of an ethical drug trafficker in that you wanted to minimize overdose. I find I cannot do that. Risks are risks regardless and the types of offences you committed are not mitigated by those suggestions.”
After taking into account all of the mitigating and aggravating factors, Belda Perez agreed that denunciation and deterrence can only be reflected in a custodial sentence.
“I think at this point in time, taking into account everything that has occurred, including the upfront rehabilitation and work you have done, which is probably going to continue to be an issue, that a period of incarceration is still appropriate to address all of this,” she said.
Belda Perez sentenced Nummikoski to two-and-a-half years in custody. He will also be required to submit a DNA sample and is subject to a 10-year weapons prohibition.
