Families frustrated after fentanyl case against Amherstburg couple tossed out of court
After an emotional two years, a drug trafficking case against two Amherstburg residents has come to an end with the charges being dismissed Friday.
A key witness in the case — Dean Trombley, who is homeless with a severe drug addiction — did not show up for court, prompting the judge to dismiss the case.
Caroline and Lorne Wagner were charged with trafficking after Rob Myles died from an overdose at his mother-in-law's home back in July 2015.
The Crown was trying to prove the couple sold prescribed fentanyl patches to Trombley, who was with Myles the night he died. But without Trombley's testimony, there was not enough evidence to continue, according to Justice Greg Campbell.
Families of both Myles and Trombley were frustrated with the decision.
"I'm not really happy," said Glen Cook, who continues to struggle with Myle's. "Justice wasn't served today. I lost a son."
In March, Trombley's mother Patty MacLellan testified she came home and found Myles dead on the bathroom floor. She found fentanyl patches in the home and in her son's wallet.
Court also heard testimony from the Wagner's family physician Dr. Tim O'Callahan, who said he prescribed fentanyl patches to Lorne, who suffered from tendonitis.
O'Callahan started prescribing 12 micrograms of the patch and incrementally increased the dosage to 75 micrograms, which he said finally eliminated the pain.
Disappointing result
MacLellan said she is disappointed with Friday's result, but she understands the judge's decision.
"I had a feeling Dean wasn't coming, so I knew pretty much that this was going to be the outcome that the judge wouldn't prolong it any longer," she said. "
MacLellan said the families are now just trying to move on from the tragic death. She still hopes her son can get help with his addiction.
Trombley was hospitalized in March after having his jaw broken, which also delayed the trial because he could no longer testify. After two weeks, he left the hospital on his own, MacLellan explained.
She met with her son several weeks ago, when he was staying at the Downtown Mission homeless shelter, but she has not seen him since.
The Wagner's lawyer Evan Weber said he is pleased his clients no longer face the trafficking charges.
"It's never a pleasurable experience when you're dealing with a case that involves a tragedy like this," he told CBC News. "Our clients obviously had the charges dismissed, so we're pleased with that, nevertheless, it still remains kind of a cautionary tale, so to speak, of the dangers with these types of substances."
