Joshua Lavanier of Fortune has until December 31, 2024, to complete payments of a $39,000.00 fine imposed by the court following his guilty plea to five firearm-related offenses and drug trafficking.
The 50-year-old man who appeared before Magistrate Michael Laudat pleaded guilty to possession of a .25 pistol, one .32 pistol, and 38 rounds of ammunition to include, 32 7.65mm, four .32mm, and two .25mm rounds of ammunition without being the holder of a valid firearm license. Lavanier further pleaded guilty to trafficking 644 grams of cannabis.
The Facts
On June 8, 2023, Woman Police Constable (WPC) Ralph applied for and obtained a search warrant to search the premises of Lavanier for cannabis.
The following day, members of the Drug Squad Unit and Task Force left police headquarters on duty to his home.
On arriving at Fortune, at about 08:30 a.m., WPC Ralph met Lavanier at his premises, identified herself to him, and informed him of the search warrant she possessed.
Prior to the commencement of the search, when asked whether he had any firearm, ammunition, or illegal drugs on the premises, the 50-year-old man pointed to a safe in a wardrobe located in his bedroom. “I have a gun in the safe there, it belonged to my father, he died in 2012, so I put it there for safekeeping,” Lavanier told the officer.
The WPC was handed a key by Lavanier which she used to open the said safe. In the safe were two pistols without magazines attached and a small ziplock bag containing several rounds of ammunition, and two loaded magazines were also found.
Upon Lavanier’s admission that he was not the holder of a firearm license, he was arrested on suspicion of the possession of firearm and ammunition and when cautioned he replied, “My father was sick and he give it to me. I put it away from the children. I didn’t know you had to bring it in. I don’t know the history of the gun.”
During the continued search of the premises, when questioned, Lavanier further revealed to the officers “I have two containers in the back with dried cannabis.”
Within two plastic containers quantities of cannabis were found and when cautioned and questioned about the drugs, he stated, “My wife has some leg pain so I decide I was going to process some oil so she could rub with it.”
The officers continued to search the premises but nothing else liable for seizure was found.
Along with the drugs, firearms, and ammunition, Lavanier was transported to the Drug Squad Office at Police Headquarters. There, the alleged cannabis was weighed and amounted to 644 grams. The weapons were also inspected and five rounds of 7.65mm ammunition were removed from one magazine and one round of .25mm ammunition from
another.
From the ziplock bag, the officer counted 38 rounds of ammunition, 32 7.65mm rounds, four .32mm rounds, and two .25mm rounds of ammunition.
Upon further investigation, it was confirmed that neither Lavanier nor his deceased father were holders of a firearms license.
The cannabis was then taken to the government analyst for testing and later returned positive.
On June 11, 2023, the pistols were taken to the firearms examiner who prepared a report for the court. The following day, charges were preferred against Lavanier.
Plea in mitigation
In his plea in mitigation to the court, defense attorney Wayne Norde urged Magistrate Laudat to temper justice with mercy and impose a non-custodial sentence.
He stated that the father of seven has three minor children who are dependent on him for financial support.
Norde pleaded with the court to consider Lavanier’s guilty plea at the first opportunity, his lack of any criminal conviction prior to this arrest, and his cooperation with the police.
According to the defense attorney, Lavanier had passive possession of the firearms as they were kept in his custody for mere sentimental value.
Norde added the firearms are antique items passed on to Lavanier by his deceased father and based on the firearms expert’s report, the weapons are sluggish and only one is capable of discharging.
With regards to the cannabis, he asked the court to impose no separate penalty on his client but instead, reprimand him since the drug was only used for medicinal purposes.
“The street value for the 644 grams of cannabis is only $1,400.00. The cannabis was from three trees which the law gives permission to plant. His wife has pains, so he was only trying to assist her,” the attorney stated.
Sentence
However, in handing down his sentence, Magistrate Laudat posited the court is aware that the new sentencing guidelines regarding firearm-related offenses must be applied unless the court is to deviate from the guidelines in the public’s interest.
While he voiced concerns over the escalation of firearm-related offenses in Dominica, which according to him has brought an outcry from the general public, he noted that in passing a sentence the court will not adhere to the sentencing guidelines for this case.
He averred that the sentencing guideline does not take away the discretion that the Magistrate has to impose a sentence that will increase the public’s confidence in the administration of justice as there is a need for the court to promote public confidence.
Recognizing that Lavanier is a first-time offender, assisted with the investigation, and pleaded guilty at the first opportunity, Laudat said he was not inclined to impose a custodial sentence.
Additionally, the Fortune man was fined $3,500.00 for possession of 32 rounds of 7.65mm ammunition to be paid by November 30, 2023; $3,000.00 for the possession of four .32mm ammunition payable by April 30, 2024, and no separate penalty for possession of two .25mm rounds of ammunition.
On the drug trafficking charge, he was fined $25,000.00 to be paid by December 31, 2024.
In default of any payment, he will be imprisoned for six months. The firearms and ammunition were fortified to the state.
Babylon system is a vampire we know that. Imagine they charge more for the weed that the guns. Common sense can tell you want that means
I know the AK47 uses 7.62 cal.ammo.Where is the gun that can fire the 7.65?The .25 and .32 are small cal.pistols compare to the 7.62 or 65 which are a lot bigger and has more gunpowder,and he has 32 of those rounds.Something is not right.
I am in agreement with you Mr. Lin clown, something stinks, the security officers should take a closer look at that and also I have a problem with the law courts in Dominica, they as well is a calamity joke so to speak.
Great job Mr. Laudat.
Finally I see ballsy magistrates start doing their jobs. Anyway Karl be careful eh because you see how our partner Tig (Magistrate Pacquette) was just castrated by the powers that be for doing his job. Hopefully commonsense can prevail and the man can resume his duties forthwith.
When these thugs are found with illegal guns and ammunition, they should be thoroughly interrogated by investigators to discover the exact source(s) of these weapons.
No leniency should be afforded to them. Guns are instruments of death.
But they charge more for the weed so what does that say