Undercover operation by Oceanside RCMP sends fentanyl trafficker to jail

The Crown’s Ian McFadgen flagged several concerns in a pair of pre-sentence reports examining the man with a lengthy criminal record. He said Niederhumer justified his behaviour since he wasn’t stealing, didn’t sell drugs to children and didn’t use violence.

While referencing a medical expert’s report, McFadgen cited not only is fentanyl often lethal, it can cause devastating brain damage to users ingesting unknown quantities of the powerful opioid.

“The consequences aren’t just death, but the potential for brain damage and other serious health issues that arise for someone that is revived but still has to live the rest of their life in a completely different state,” McFadgen told court during sentencing arguments.

McFadgen said Niederhumer is an addict who sold drugs to cover his bills, continued to use drugs after his arrest and made no meaningful effort to fight his addiction.

McFadgen sought a two-year provincial jail sentence for Niederhumer.

Defence lawyer Peter Hertzberg said his client’s poverty, severe medical needs, including several dialysis appointments a week for kidney disease, made accessing mental health and addictions services difficult.

Hertzberg stressed the public would still be well served if his client was handed a non-custodial sentence with strict conditions.

Court was told the frail Niederhumer had a rough life, including dealing with the murder of his drug-dealing father more than 30 years ago.

He’s on disability and hasn’t held a legitimate job since 1991, court was told.

Niederhumer has been incarcerated numerous times dating back to 1990 for a range of crimes, including several drug possession offences.

He briefly addressed Judge Brian Harvey, saying he didn’t mean to minimize his behaviour and appreciates his current supportive living environment.

Judge Harvey took aim at Niederhumer’s lack of insight into his crimes and his post offence conduct, stating a non-custodial sentence was unfit given the circumstances.

“The accused had at least 15 months to take meaningful steps and did nothing to address his underlying concerns,” Harvey said.

BC Corrections will decide where Niederhumer will spend his sentence.

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On Twitter: @reporterholmes

by Ian Holmes

Undercover operation by Oceanside RCMP sends fentanyl trafficker to jail

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