A Penticton senior pleaded guilty on April 24 to selling fentanyl in 2022.
Donald William Merritt appeared in Penticton Supreme Court to plead guilty on what was scheduled to be the trial date for the charge of possession for the purpose of trafficking.
Merritt, who was born in 1962, was previously convicted for possession for the purpose of trafficking in 2012, but for methamphetamines, not fentanyl.
While the Justice canvassed Merritt’s willingness to plead guilty, proceedings came to a halt when he expressed a moment of opposition to the charge of trafficking. Merritt discussed the matter with his lawyer briefly before court resumed.
“Basically what it boils down to is his understanding of the definition of trafficking is that you are actively involved in the business of selling,” said Merritt’s lawyer. “As with most laypeople, they don’t understand the definition of trafficking is wide enough that sharing, transporting, all falls into the definition.”
“But are the allegations not that he sold it for money?” the Justice asked.
“He sold it, yes, for cash,” said Merritt’s lawyer. “But there’s a third party involved.”
The Justice ended up accepting Merritt’s guilty plea following the brief discussion.
Merritt’s counsel requested a presentence report be prepared, which he said would provide an independent look at Merritt’s circumstances including health issues he faces.
The report is not expected for at least eight weeks, and sentencing will occur after the report has been provided to the court. No date is currently scheduled for the sentencing.