THUNDER BAY - A man who invited police to search him and was found with a fully functioning Taser along with crack cocaine received an eight-month conditional sentence order on Wednesday.
Kelly Lacaria, 42, pleaded guilty to several charges including two counts of breaching probation orders, unlawfully possessing cocaine and being in possession of a prohibited weapon while prohibited from doing so on Wednesday, Sept. 23.
Judge Peter Bishop accepted a joint submission for Lacaria which will require him to complete an eight-month conditional sentence order. After his sentence, he will be placed on a 12 month probation period.
He is also banned from possessing any firearms for life.
Provincial crown attorney Natasha Jerome told the court on Wednesday, Lacaria was arrested after police received anonymous information that a man named “Kelly” was using a Cumming Street apartment unit to sell and deal drugs.
Police arrived at a unit on Cumming Street on Aug. 10 and saw Lacaria leaving and informed him they had received information about him and his apartment, Jerome said.
“Speaking with police Mr. Lacaria became nervous and stated he did not have any weapons or drugs in his possession,” Jerome said, adding Lacaria then invited police to search him and the bag he was carrying.
Inside the bag, police found a Taser.
“Mr. Lacaria said the Taser did not belong to him,” Jerome said.
Police arrested him and brought him to the police station where officers discovered crack cocaine inside the change purse of his bag. Police also determined he was breaching various court orders that required him to not possess any weapons.
Lacaria’s lawyer, Gilbert Labine told the court that shortly before his August arrest, his client had been severely beaten by out of town individuals in order to use his residence for drug trafficking activity.
“Allegedly drug distributors from Toronto descended upon him and accosted him and beat him up,” Labine said. “As a result of the beating, two individuals —possibly three— began using his place to distribute drugs.”
These individuals also brought the Taser into Lacaria’s residence, Labine said.
“Mr. Lacaria was too afraid to report to police,” Labine said. “His probation officer did confirm the beating he had taken and his explanation to her was he was in an accident.”
Labine said Lacaria has struggled with his own drug addiction issues but has aspirations to continue his education.
Part of his conditional sentence order conditions will require Lacaria to be on house arrest and will allow police to enter his residence without a warrant in order to prevent similar events from happening in the future, his lawyer said Wednesday.
“People who may descend upon him in future need to know that police can enter his residence without a warrant and he will tell these people if they come around again that 'police can enter my residence without a warrant',” Labine said. “Hopefully that will provide some comfort and relief from this happening in future.”
He is also to stay away from drugs, weapons and not to associate with any known criminals or individuals involved in the drug trade.
