Source: Vancouver Sun (Canada)
Contact:  http://www.vancouversun.com/
Copyright: The Vancouver Sun 1998
Pubdate: Mon, 28 Dec 1998
Author: Chad Skelton

SPECTRE OF DEATH FIGURES IN ADDICT'S DEFENCE

On Saturday, The Vancouver Sun reported the results of its investigation
into the aftermath of Project Scoop, one of the largest mass arrests in
Vancouver police history, in which more than 70 alleged crack dealers were
arrested by police.

An analysis of 59 Project Scoop cases by The Sun found that two months
after the operation, one in three of those wanted by police were missing --
either on arrest warrants or bench warrants for not appearing in court --
and of the nine people sentenced so far, all but two received 45 days in
jail or less. What follows is the story of one of those scooped up in the
mass arrests.

Sometime in the new year, James Montroy -- one of the more than 70 people
picked up in Project Scoop -- will be in court to face charges of
trafficking cocaine to undercover police officers.

When Montroy was brought into the police station on Oct. 14, during the
mass Scoop arrests, he spit 18 rocks of crack cocaine onto the station
floor. He was charged on the spot with possession for the purposes of
trafficking -- on top of the trafficking charge he was brought in for in
the first place.

But that trial, scheduled for the morning of Dec. 8, had to be delayed
until the afternoon -- because Montroy first had to receive a ruling on a
previous drug case.

Montroy was arrested on Sept. 5 after being found with 36 rocks of cocaine
wrapped in cellophane. He was charged with possession for the purposes of
trafficking and resisting arrest.

In that case, his lawyer Judy Gedye advanced a creative, though disturbing,
defence: Montroy's drug addiction is so severe and massive that he could
have used all those drugs himself. With her client testifying that he had
used cocaine for 12 years, she argued that while the average crack addict
may go through no more than a dozen rocks a day -- her client needed as
much as three times that to maintain his habit.

During a break at the Dec. 8 hearing, Gedye told a reporter that while some
of those swept up in Project Scoop may be dealers preying off people for
profit, her client is a user himself. "He's dying," she said, calling Scoop
"a complete waste of time and money."

Montroy, a tall man with stringy long brown hair and the dazed look of a
long-time addict, stumbled as police led him into Courtroom 513 from the
prisoner's dock. He slouched in his chair as the judge rendered her verdict.

"I accept that he could burn through the amount he had on his person in a
binge," Judge Elizabeth Arnold said clinically, reading from her decision
finding Montroy guilty of simple possession.

She also found him guilty of resisting arrest and reserved her decision on
sentencing.

Montroy, wearing a prison-issue green uniform and white sneakers, was taken
back into custody and led two floors down to his other court case in
Courtroom 306 -- for the 18 rocks of cocaine he spit up when brought in on
Scoop. His lawyer advanced the same argument in that case: Montroy's
addiction means he could have used it all himself.

Montroy (a.k.a. Mitchell, Jones, Wellington, Prokop and MacDonald) has been
here many times before, most recently in May when he received two years
probation for drug offences. Before that, in 1997, he received a
conditional sentence of four months for another drug charge. He is now in
custody as his various trials progress.

Gedye says what Montroy needs most is treatment for his addiction, not
punishment for his crimes. He's a living example of what's wrong with the
way society deals with the drug problem on the Downtown Eastside, she says.
But perhaps not for long.

HAVE YOU SEEN THESE MEN? POLICE AND THE COURTS HAVEN'T

Three in 10 of those wanted in Project Scoop are missing. Six of the 59
suspects were never caught on their original arrest warrants. And 12 -- one
in five -- were arrested, released and then never showed up for trial.
Bench warrants are out for their arrest. Police and immigration officials
believe many may have fled the country. If you know where any of them are,
or have further information on drug trafficking in the Downtown Eastside,
call Vancouver police or CrimeStoppers at 669-TIPS.

Original warrants still out:

Jose Gonzalez-Garcia

Jose Navarro-Acosta

Lorenso Macias-Perez

Norm Walter Froude

Roger Nahi Cruz-Cruz

Jessey Serpas-Flores

Bench warrants issued:

Bruce Rogers

Darryl Smijan

David Vanegas-Calix

Vance William Plante

Michael Dean Hutchinson

Nelson Iras-Lainez

Raulita Mencia-Alberes

Luis Alexsi Martinez-Escoto

Alexander Reyes-Ferrera

Marvin Martinez-Vanegas

Dixi Danilo Ferrera-Raudales

Ervin Leslie Wilson

THE SENTENCED

So far, nine people have been convicted and sentenced in Project Scoop. A
look at what sentences they received, and their past criminal background:

Diana Govenlock, 27.

Sentence: Four months in jail.

Govenlock has received the heaviest sentence so far in Project Scoop. In
August 1997, she was sentenced to a year's probation for drug trafficking
and in February of that year, she received 30 days in jail and nine months
probation for drug possession.

Peter Gibson, 24.

Sentence: Three months in jail, 12 months probation.

Gibson was charged with drug trafficking in early September of this year.
He was convicted and will serve his sentence for that charge along with his
Scoop sentence.

James Emmanuel Desmond, 33.

Sentence: 45 days in jail, 12 months probation.

In October 1997, Desmond received four months in jail and 12 months
probation for trafficking drugs in July and September of that year.

Winston Summers, 31.

Sentence: 45 days in jail.

Just this past May, Summers received six months probation for drug
possession charges dating back to both July 1997 and April 1998. He was
also sentenced to 14 days in jail and 12 months probation for theft and
assault in March. In April 1998, he received one day in jail for possession
of drugs in November 1997. On the same day he was sentenced for Scoop, he
received another seven days in jail for possession of drugs in June.

Martin James Weigelt, 32.

Sentence: 21 days in jail.

Weigelt received three months in jail last March for drug charges in
December 1997 and January 1998.

Carlo Daniel Zuniga-Barga, 19.

Sentence: One day in jail, 12 months probation.

On Oct. 20, only six days after the mass Scoop arrests, Zuniga-Barga was
picked up again -- for possession of drugs for the purposes of trafficking.
He will serve his sentence for that offence concurrently with his Scoop
conviction.

Manuel Garcia-Hernandez, 56.

Sentence: One day in jail.

This past June, Garcia-Hernandez was sentenced to 30 days in jail for
trafficking. Last May, he received a fine of $150 for drug possession. That
month, he was also sentenced to two months in jail and 18 months probation
for possession for the purposes of trafficking.

Jesus Quiroz-Ramirez, 33.

Sentence: Two years probation.

Quiroz-Ramirez has no prior drug convictions but was charged with
possession of drugs for the purposes of trafficking on Oct. 19 -- just five
days after the Project Scoop sweep.

Martin Navarro-Medina, 19.

Sentence: 18 months probation.

Navarro-Medina had no prior criminal record, but failed to show up for two
Scoop court dates. 
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Checked-by: Richard Lake