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Drug dealer sent to prison for five years

By Howard B. Owens
Dajuandrick Gardner

A Batavia man accused of selling drugs earlier this year was sentenced today by Judge Robert C. Noonan to five years in state prison.

Dajuandrick C. "Omega" (and "X") Gardner, 37, of East Avenue, entered a guilty plea to a count of attempted criminal possession of a controlled substance 3rd on Oct. 24.

He was indicted on six counts related to the sale of cocaine and possession of enough cocaine to constitute suspected drug dealing. The plea satisfied all the counts of the indictment.

The sales to agents of the Local Drug Task Force occurred in January.

Gardner's arrest in March was announced with two other suspects.

"For my part in this case that I committed, I probably wouldn't if I wasn't on drugs," Gardner told Noonan. "I wouldn't have committed the crime and I want to take responsibility for my part that I did regardless of the fact that I was on drugs. I want to apologize to the court and the community."

Noonan told Gardner that his turnabout was a little late.

"You've had many opportunities over the course of your life to clean yourself up from drugs and you never seized them," Noonan said. "You just dove into criminal activity over and over again."

The judge also ordered Gardner to pay $150 in restitution upon his release from prison.

Prior to sentencing, among the requests from Gardner's attorney was one for instructions from Noonan to the Department of Corrections that Gardner's head not be shaved. He said Gardner is a Rastafarian and it would violate his religion to cut his hair.

Noonan said he has no authority to tell the DOC what to do.

Dave Olsen

So, this guy didn't actually hurt anyone or steal anything, but he gets 5 years for using and selling drugs that the government has deemed illegal. More taxpayer money to the LE - Prison complex, not to mention the wrongful imprisonment of a non-violent non-threatening person.
I say the tail is wagging the dog.

Nov 25, 2014, 12:36pm Permalink
david spaulding

Right on Dave, I agree with you. It's another waste of our tax dollars..
America must still be in the " War on Drugs"..
Too bad the American people can't change the laws some dictator inflicted
upon us. We have become third world..

Nov 25, 2014, 2:01pm Permalink
Ed Hartgrove

Dave. And, David.
I believe the judge pretty much got it right, when he said, "You've had many opportunities over the course of your life to clean yourself up from drugs and you never seized them," ..."You just dove into criminal activity over and over again."

This guy has had 19 years as an adult. Part of being an adult is (trying) to do what's best for yourself, your family & friends, and the community at large. I may be wrong, but, I have to believe that he knew what he was doing was illegal. IF that's so, then I don't understand why ANYONE would think he shouldn't accept the consequences of his actions.

I get it, that a lot of people think the 'drug laws' should be changed. A lot of people think we should be allowed to drive as fast as we'd like to. But, until the laws ARE changed, we know that we can be ticketed for speeding.

Don't like the laws? Then, CHANGE THEM. Until then, accept that you broke the rules, and accept the consequences.

Nov 25, 2014, 3:15pm Permalink
david spaulding

Ed, let me say it again, the American people can not change the law. The powers that be dictate the laws, laws that do not apply to them, the rest of us are left to serve them. It sounds like the old cliché, "Do as I say, not as I do."
Taking a mans freedom because of possession of a powered substance, to me is wrong. There is NO way You or I or the whole city of Batavia can do anything to change the law and set this man free.

Nov 25, 2014, 3:28pm Permalink
Dave Olsen

I understand what the laws are Ed. That in no way makes it right and the Judge has a degree of leeway. According to Howard's story and granted that's all I have to go on as I don;t know this man, the only "criminal activity" he engaged in was using and selling a substance not sanctioned by the government. Yes, the laws should be changed, if I had the power to do so, I would. I do not accept the status quo. Its not right. and as long as we have the right of free speech I will say so whether you or anyone else likes it or not.

Nov 25, 2014, 4:26pm Permalink
Dave Olsen

Also, using your analogy, if someone is speeding and a police officer during his patrol catches him, he gets a ticket. Fair enough for me. If a police officer finds a drug dealer somehow during the course of his normal duties, fine. Say they arrest someone stealing and find out its for drug money and get the name of the dealer and go arrest him, that's fine. If someone reports a drunk driver weaving around on the road and calls the police, they come find him and he gets arrested. I'm good with all those scenarios. I am not OK with undercover officers trying to buy drugs to catch dealers like with this guy, its the same as a speed trap or DWI checkpoints or chalking tires outside a bar.

Protect and Serve not "you best do right 'cause we're watching"

Nov 25, 2014, 4:38pm Permalink
jeff saquella

ya dave and david....lets keep these drug dealers on the street selling drugs to kids (possibly your kids) if you have any. wth is wrong with you two....that is the most absurd comments i have ever read on here

Nov 25, 2014, 4:56pm Permalink
Dave Olsen

Jeff; first, nothing was written about selling to children, only police officers. second, if that's what you are worried about, then end prohibition, bring it out of the shadows and it can be regulated the same as alcohol and tobacco. Thinking we can eradicate drugs by throwing more money and resources at it is what's absurd. It's probably easier for a teenager to score some coke than to buy a six-pack.

Nov 25, 2014, 5:39pm Permalink
jeff saquella

yes it is easier for a teenager dave because of guys like this and nothing had to be written about selling to kids.....but you know as well as i do that they do sell to kids...and other people.....I'm sorry but i'm kind of sensitive to this because they have been in my neighborhood for years while i was trying to raise children....i say lock them up

Nov 25, 2014, 10:37pm Permalink
Scott Ogle

"if that's what you are worried about [selling to children] then end prohibition, bring it out of the shadows and it can be regulated the same as alcohol and tobacco."

Aren't you just trading one bit of regulation for another? When I hear Libertarians advocating regulation, I instinctively start to count the spoons. . .

Nov 25, 2014, 11:11pm Permalink
Dave Olsen

Count your spoons? WTF does that mean? The Dems and Repubs are the ones with their hands in your pockets and designs on your money and possessions. All I'm saying is that it is prudent to have age restrictions for certain harmful substances, such as tobacco, alcohol, marijuana and drugs.
Just to be clear, I say drugs are bad. Cocaine is a dangerous and addictive thing, its a bad idea to use it. Period. I raised 3 children who are now adults, I know about the insidiousness of drug abuse, it has touched my family as it has so many others. (Not my children thank God). My wife and I were honest with them about it, why and how people start using and what damage it does; which I believe is the best way to deal with reality. They have all turned into educated, independent, productive, creative people I am very very proud of. And they do not use drugs. What I am against is the massive pile of taxpayer money that is spent on the "War on drugs" which is a failure. I would far rather see that money and effort spent on education and treatment. It would be much less and much more effective. I am also against the immorality and injustice of locking people away with real criminals just for possessing and the black market selling of drugs.

Nov 26, 2014, 7:36am Permalink
Debra Nanni

This man is close to my neighborhood and he has young teenage boys that I feel VERY bad for . It must be awful being that age in highschool and seeing your father on the Batavian like this. But this guy has a VERY long history of breaking the law and being given "another chance". Why is 5 years so long? He obviously did not care enough about his kids to straighten himself out before now. And if you think for one second he was not selling to kids, you are a fool. Something had to get him off the streets, it's NOT his first offense, or his first time in jail. I don't know if this will be enough of a wakeup call for him, but I sure hope so for his kids and everyone's sake.
And the haircut thing?? Give me a break, a true Rasti would laugh him off the face of the earth.....

Nov 26, 2014, 8:49am Permalink
Dave Olsen

Well, it alludes to theft, which is as I suspected.
per Ralph Waldo Emerson. Very nice. I've had enough of this thread

Happy Thanksgiving

Nov 26, 2014, 10:41am Permalink
david spaulding

sure jeff if your kids are doing drugs, it's not their fault let's blame the drug dealer, let's blame the schools, let's blame the police, let's blame anyone but them.....

Nov 26, 2014, 12:08pm Permalink
jeff saquella

you can blame anyone you want david....im very proud to say that my kids never got into that scene (thank god)....but living next to a hud house.....and one across the street from me.... I have had to raise my kids with 5 or 6 different dealers in those apartments....they have had to witness the multiple cars pulling up with someone running in for 2 minutes then leaving...even had to witness one person urinate in the street in broad daylight while waiting for his buddy getting his drugs.....I say lock them all up for a long time...I don't mind paying a little to have this scum off the street...or better yet why don't we move all the dealers into your neighborhood and you can deal with them...ya that's a good idea

Nov 26, 2014, 1:32pm Permalink

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