'Getting too tired' for jail: Windsor thief jailed on multiple drug, burglary crimes
Article content
A lengthy jail stint in pre-trial custody seems to have worked wonders for a Windsor crime regular sentenced Monday for his latest string of break-in and drug trafficking offences.
“It’s been a long road of drugs … (but) I’ve been clean now over two years,” Nicholas Pomainville told Superior Court Justice Bruce Thomas.
Recommended Videos
tap here to see other videos from our team.
'Getting too tired' for jail: Windsor thief jailed on multiple drug, burglary crimes Back to video
tap here to see other videos from our team.
Most of that ‘clean’ stretch had been spent behind bars. Charged multiple times over the years with breach of probation and parole violations, Pomainville’s most recent charges related to several Windsor pharmacy burglaries in September 2022. He had been granted bail pending trial, but soon again violated the terms of his release and was sent back to jail pending conclusion of his court proceedings.
Originally charged by Windsor police with 177 criminal counts, including 73 counts of possession of controlled drugs for the purpose of trafficking, Pomainville was scheduled for a nine-day trial later this month on 84 counts. On Monday, he pleaded guilty to nine counts related to three business break-and-enters in September 2022, including at pharmacies on Via Italia and Lauzon Road.
“It’s been a rough road, these charges,” Pomainville told the judge ahead of sentencing. “I’m just done with this life.”
Both the Crown and defence made a joint sentencing submission to the court, recommending a two-year jail sentence.
“I look at your record and it’s hard to be optimistic,” Justice Thomas told Pomainville.
Ignoring the offender’s youth record, the judge cited 32 adult criminal convictions between 2003 and 2022. Among previous offences connected to Pomainville and reported in the Windsor Star were meat thefts and catalytic converters stolen off vehicle exhaust systems.
All those crimes, court was told, were related to Pomainville’s drug addiction.
You’ll be back here — or you’ll be dead
Defence lawyer John Sitter said his client boasts “an unenviable record” but that he has strong family support, “he does intend to address his addiction,” and that he has a job awaiting his release. Sitter said Pomainville, at 44, is “getting too tired” for jail.
“You and I know, if you keep being addicted to drugs, you’ll be back here — or you’ll be dead,” said Thomas, addressing Pomainville as he stood in the courtroom.
The judge agreed to the proposed sentencing submission, with both prosecution (provincial Crown and federal drug prosecutor) and the defence suggesting there would have been challenges in winning a conviction at trial.
With standard enhanced credit totaling 651 days for 434 days in actual pre-sentence custody, Pomainville was handed an additional 79 days left to be served. Custody is to be followed by a three-year term of probation, although the judge said earlier: “You’ve been on probation a significant number of times — I don’t know whether that’s working.”
Sitter said the defence wasn’t against another period of probation: “It shows we’re not giving up on Mr. Pomainville.”
On similar charges that included the same offences for which Pomainville pleaded guilty to this week, co-accused Gerald Rockwood pleaded guilty in Ontario Court of Justice during earlier judicial proceedings. He was also sentenced to two years in custody.
Acting-deputy Crown attorney Bryan Pillon said it had been a “complicated investigation” for the Windsor Police Service. Speaking later to the Star, he credited “really good police work” on the part of investigators leading up to the arrests which followed what city police called a “crime spree” targeting Windsor businesses over the previous several months.
Cash registers and heavy safes were taken by the burglars, who came equipped with a dolly for the safe, during overnight break-ins on Sept. 2, 16 and 21, 2022. In a news release following two arrests the following month, Windsor police estimated the street value of the stolen drugs at over $513,000.
None of the drugs for which Pomainville pleaded guilty to — including thousands of stolen diazepam, apo-oxazepam and lorazepam tablets — were ever recovered, the court heard. The street value of those stolen drugs was estimated at about $221,000.
“Those drugs went somewhere … we can assume to (other) people with addictions,” said Justice Thomas. Pomainville’s sentence sends a message that pharmacies shouldn’t be seen “as ready sources of drugs to those who are addicted,” he said.
With the offender’s father and other supporters in the courtroom, Thomas said it was “quite amazing” to see “that continued family support given your record.”
The judge wished “good luck” to Pomainville and his family.
“Where you go from here is up to you. I don’t know when enough is enough for you,” said Thomas.
Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.