Six years in prison for drug offences
possessing $775 worth of heroin and .30 grams of crack cocaine with intent to supply.
An 11 man one woman jury took three hours to return a majority verdict on both counts.
The offences occurred around 3.00 p.m. on Sunday December 20, 1992 on Elliot Street near a local gambling den called Leon's.
Three plain clothes policemen were pursuing Derrick Darrell who they believed stole a boat engine.
Two of the officers chased Darrell down the alley in front of Leon's. As they went around the corner they ran into the midst of another group of men, one of whom was Rogers. He said he was in the alley purchasing heroin to feed his addiction, and he had earlier bought two rocks of crack cocaine. Det. Con.
Simon Watkinson arrested Rogers after he said he saw him throw a plastic bag to the ground.
While making the arrest, one rock of crack fell from under his ring. Rogers then hid two silver foils containing heroin in his long finger nail and denied the package with the 29 separate foils of heroin found near his feet were his.
Crown Counsel Mr. Diarmuid Doorly asked for five to eight years for the offence in light of Rogers' October 6 conviction and an 18 month sentence, for possessing heroin with intent to supply.
This offence occurred March 6, 1993, while he was on bail. It was less than three months after his December 20 arrest.
Rogers' lawyer Mr. Archibald Warner asked for consistency in the sentencing based on his client's 18 month sentence for possessing and supplying a larger quantity of heroin. He also asked Chief Justice the Hon. Mr Justice Ward to be lenient and to consider that his client recently lost his common law wife and was suffering from stress that led him to act erratically.
But Mr. Justice Ward was unsympathetic.
"I am also under a lot of stress, '' Mr. Justice Ward said. "He can't use that as an excuse. What is significant with respect to this sentencing is that with 31 separate parcels of heroin, he could sell them to 31 separate people.
It's the wideness of the distribution and the danger to the public that concerns me.'' Rogers will start serving his six year prison term after he completes the 18 month term he started serving October 6.
