Crown seeking 8 years in prison for Cochrane fentanyl dealer

A Toronto area man guilty of trafficking fentanyl in Cochrane, Ont. will find out next month how much longer he will be in prison following a sentencing hearing in northern Ontario on Tuesday.

Dante Cunningham of Scarborough was 19 years old when he and a 17-year-old from Whitby were charged in a drug bust on Victoria Avenue in Cochrane on Jan. 1, 2021.

At the time of their arrest, Ontario Provincial Police said officers seized about $80,000 in fentanyl, crack cocaine and cocaine along with a pellet gun, two fake firearms and some cash.

The two suspects were both charged with three counts of drug trafficking, proceeds of property obtained by crime and possession of a weapon for a dangerous purpose.

A three-day trial was held in September 2023, attorney Steph Salo told CTVNewsNorthernOntario.ca in an email.

Cunningham was found guilty of the first four and not guilty of the weapon charge on Nov. 1, 2023, Salo said.

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During Tuesday's sentencing hearing held over videoconference, Cunningham appeared in an orange jumpsuit from the Toronto East Detention Centre.

Both the Crown and defence submitted sentencing recommendations during the online hearing.

Steph Salo said the Crown is asking for eight years of incarceration for this set of charges and defence attorney Anthony Marchetti argued for 3.5 years prior to any pre-sentencing custody credit.

Salo told CTVNewsNorthernOntario.ca in an email Cunningham was sentenced to 2.5 years in Toronto on Nov. 23, 2023, on a separate set of charges involving having a loaded gun in his waistband.

Marchetti called a total sentence of 10.5 years "unconscionable" as it would mean his client would be locked up for the duration of his 20s when he said society would be better served by rehabilitating him.

The defence attorney cited Cunningham's family support and relatives who said, "We refuse to let him be yet another Black statistic."

During the raid in Cochrane, he was found with 120 grams of fentanyl in a fanny pack with $3,500 cash.

Fentanyl pills in a police evidence bag. (File photo/CTV News)

Marchetti said on the night his client was arrested, he was with people he had known for years who were in a gang, but there is no evidence that Cunningham is in a gang or part of the Toronto drug trade operating in northern Ontario.

"Drugs in a fanny pack, this isn't a sophisticated drug trafficking," he said, calling Cunningham a lower-end dealer and sentencing is not just about the quantity of drugs.

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After both sides made their sentencing submissions, Justice Robin Tremblay asked the accused if he wanted to speak.

Cunningham read a prepared apology to the court in which he expressed remorse and accountability, admitting his mistakes.

"I have had all the time in the world to think about what I've been going through. I'm guilty whatever I put myself through, I put myself through," he said.

"Whatever sentence you see fit, I won't appeal. I'm really trying to better my life. I never really had the plan of doing that before, but now seeing that my life is going down, now that I am older, I don't like the way that it's going. I'm trying. I'm not just sitting here doing nothing. I am just asking for a chance."

He apologized to his family – two of whom were on the videoconference – for letting them down.

"This is not how I want to carry my life," Cunningham said.

"My actions have affected more people than just myself. Please see that my potential to do good … I am taking the necessary steps to change my life."

He told the court he has secured employment with a family member after being released and has also been working closely with a social worker to find other jobs.

Tremblay reserved his decision until Feb. 8.