Man handed prison term for drug offences
By Lethbridge Herald on June 17, 2023.
Delon Shurtz
Lethbridge Herald
A Lethbridge man who pleaded guilty to several criminal offences, including three charges of drug possession for the purpose of trafficking, has been sent to a federal penitentiary.
Kody Abraham Martens received a 31-month prison sentence Thursday in Lethbridge court of justice, where he also pleaded guilty to charges of resisting a peace officer, fraud over $5,000, breaching curfew and breaching probation.
Last December Lethbridge police became interested in a GMC Envoy after they noticed the licence plate didn’t match the vehicle. They believed Martens, who was a suspended driver, was driving the vehicle, and on Dec. 17 they saw Martens leave a northside residence, get in the vehicle and drive to a liquor store before returning to the residence.
Later that day Martens left the residence again, got into the vehicle but didn’t drive away. A few minutes later another vehicle parked in front of Martens, and he got in. After a few minutes he returned to his own vehicle following what police suspected was a drug transaction.
Police, knowing Martens has a history of fleeing from police when confronted, boxed in the suspect between their own vehicles, but he still attempted to escape.
“He tried to drive forward over the curb, but he was blocked by the police car in front of him,” Crown Prosecutor Mark Klassen told court. “Then he put the Envoy into reverse…and hit the police car behind him.”
Martens continued to spin his tires for several seconds while an officer ran up to the vehicle and showed his police badge. Martens swore, jumped out of the vehicle and took off. After he refused to stop, a police dog was released and quickly “apprehended” him.
Police searched Martens and found nearly 40 grams of cocaine. They also found 46.4 grams of methamphetamine in the driver’s side door, nearly 21 grams of fentanyl in a shoulder bag on the passenger seat, .9 grams of crack cocaine on the driver’s seat, digital scales and cell phones that were “constantly ringing.”
At the time of the incident Martens was on probation and prohibited from driving. He was also a suspended driver.
Martens was charged then released, but placed on house arrest and put under the supervision of a surety. However, on April 6 of this year the surety was awakened by an alert on her video surveillance system, which showed Martens climbing over a fence onto the property at 7:11 a.m.
“She confronted Mr. Martens about that and he acknowledged that he, in fact, had left the residence,” Klassen said.
Martens was caught again breaching conditions of his probation on May 8 by contacting a woman with whom he was ordered not to have any contact.
He was also charged with fraud after he received an AISH overpayment of $31,201 while he was in custody, as well as another unrelated payment of $8,000. Authorities also discovered Martens had deposited $154,000 in drug money into his bank account.
Klassen pointed out that although Martens has an extensive criminal record, it includes only one drug-related charge of simple possession.
Lethbridge lawyer Darcy Shurtz jointly recommended with the Crown a 31-month sentence, and explained Martens suffers from a number of mental health issues, including fetal alcohol spectrum disorder.
He said Martens has participated in counselling programs in the past and has done well, but he continues to struggle because of his drug addiction. Martens will also receive treatment and counselling while he is in prison.
Shurtz pointed out all the money police found in Martens’ bank account did not benefit him because it was just passing through the account as part of the drug trade.
“I think individuals higher up were taking advantage of him within this drug culture.”
Shurtz added the government has been deducting money from Martens’ AISH benefits to recoup the money lost through fraud, and will continue to make deductions when Martens is eligible to receive the benefits again.
Judge Gregory Maxwell accepted the joint recommendation from the Crown and defence, but noted the sentence is on the low end of the acceptable range.
“The test is not whether I agree or disagree in every respect of the sentence, it’s whether or not I believe it fits in the range of sentences,” Maxwell said.
Martens was given credit for the equivalent of 185 days he spent in remand custody, which leaves him with just over two years to serve on his sentence.
24-23
almost a laugh that a person with such a distinguished history – who also has a history of fleeing – gets released pending a trial LOL he should have got 31 months for driving while prohibited. as for the drugs, if it just consenting adults, buzz off.