Pubdate: Thu, 14 May 2009
Source: Windsor Star (CN ON)
Copyright: 2009 The Windsor Star
Contact: http://www.canada.com/windsorstar/letters.html
Website: http://www.canada.com/windsorstar/
Details: http://www.mapinc.org/media/501
Author: Sarah Sacheli, The Windsor Star

DEALER SEEKS JAIL FOR SAKE OF KIDS, COURT TOLD

A crack cocaine dealer said he was only thinking of his children when
he asked an Ontario court judge Wednesday to sentence him to jail
instead of house arrest.

Rafal Jopek, 30, plea bargained a sentence of 60 days house arrest,
but instead asked the judge to put him behind bars for 30 days.

Defence lawyer Laura Joy told Justice Lloyd Dean that the jail term,
while a "harsher sentence," would allow Jopek to take his two children
to sporting events and other outings sooner than a longer term of
house arrest would.

Offenders are usually released after serving two-thirds of their jail
terms, meaning Jopek would be out in 20 days.

"He's putting his children's interests before himself," Joy
said.

Jopek and his blue minivan were the subject of police surveillance in
2008. Windsor police had information that Jopek was dealing crack
cocaine and on April 29 followed him to the area of Banwell and
Tecumseh roads where they watched him conduct a drug deal, said
federal prosecutor Jennifer Rook.

Police arrested Jopek and three passengers of the minivan, including
Randy Hogue, 31, and two teenagers. Officers found cocaine residue in
the van's centre console.

When he was searched at police headquarters, Hogue had one gram of
marijuana stuffed down the front of his underwear. Jopek had two grams
of crack cocaine secreted in his crotch.

Hogue pleaded guilty Wednesday to possession of marijuana and was
fined $200. He was granted an absolute discharge, meaning the
conviction won't be entered on his criminal record. Hogue, whose
parents accompanied him to court, had no prior criminal record.

Jopek, who has prior convictions and was on probation for another
crime at the time of drug deal, was charged with possession of crack
cocaine for the purpose of trafficking. He pleaded guilty to the
lesser included offence of possession of crack cocaine and was
sentenced, as he requested, to 30 days in jail.

The judge offered the father some advice as he sentenced
him.

"If it's true what your lawyer says that you are putting your
children's interests ahead of yours, then stop dealing with these
substances," Dean said. 
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MAP posted-by: Richard Lake