Jarrod Bacon and co-accused Wayne Scott were found guilty of conspiracy to traffic cocaine Friday in B.C. Supreme Court in Vancouver.
Justice Allen Cullen made his decision after a four-month trial that heard evidence from a 2009 undercover operation.
Bacon, the middle of a trio of Abbotsford brothers suspected of carrying out gang activity in the Lower Mainland as part of the Red Scorpion gang, used to date Scott’s daughter and was initially approached by the police agent while visiting his son at Scott’s house.
The Combined Special Forces Enforcement Unit obtained recorded evidence against the pair over months of sporadic meetings and phone calls between Bacon, Scott and the agent regarding the drug deal.
Bacon, 28, had argued on the stand in his own defence that wiretap and surveillance evidence of him planning to purchase 100 kilograms of cocaine for $3 million from the agent, and the existence of a broker to fund the deal, were in fact strategic moves in a plot to steal a smaller 10 kg sample of the drug.
He admitted to being addicted to OxyContin and using a cocktail of drugs at the time, and argued his intention was always to rob the agent and that he created the broker backstory to seem legitimate. He also maintained that Scott had no knowledge of his plan.
Scott, 55, had testified he was manipulated into participating in the trafficking scheme due to his friendship with the agent. Scott was heard in recordings discussing the amount of commission he would receive for facilitating the drug transaction between Bacon and the agent, identified only as G.L.
While Cullen acknowledged that G.L. was an unsavoury witness, due to his history of drug trafficking and his participation in the sting for financial gain, he also ruled that the evidence presented by the Crown corroborated his testimony.
Cullen at one point stated that Bacon’s defence defied belief, and that the Abbotsford gangster presented contradictory and illogical explanations for his incriminating statements to G.L.
The justice rejected Bacon’s argument that heavy drug use during that period of time accounted for his actions and stated that Bacon’s dealings with the agent were very calculated and informed.
Cullen also stated Bacon exhibited knowledge specific to drug dealing, such as methods of quality testing and value of the cocaine.
Allowing Bacon and G.L. to use his home to arrange the deal and expressing financial interest in the sale of the cocaine largely established Scott’s role in the conspiracy.
Ultimately no money or drugs were ever exchanged. However, in his ruling, Cullen said that did not mean the conspirators had no agreement to pursue that objective.
A sentencing hearing is schedule for Wednesday, Feb. 8. Lawyers for Bacon and Scott are expected to present entrapment arguments at that time.