Ecstasy Death Sentance

[Ditto Much]

Trafficking In Tragedy

A youthful experiment with the designer drug Ecstasy turned to heart wrenching agony when 17-year-old Nicole Malik died from the unpredictable effects of the chemical cocktail in December 2001.

On Tuesday, the man who sold her the pills was held responsible for her untimely demise. Thirty-year-old Johnrex Bernandino was sentenced to two years less a day after being found guilty of trafficking and criminal negligence causing death.

At the time of the incident, Bernandino was managing the Alpha Lounge Internet Café on Bloor St. W. Malik came into the establishment searching the euphoric effects the drug was supposed to induce.

A short time later, the drug began to take hold, but there was nothing ecstatic about the experience. Nicole fell ill, eventually falling backwards and hitting her head. When she began to vomit and have seizures, other patrons of the establishment suggested getting help.

But Berdandino, who didn’t want his drug-trafficking to be unveiled by authorities, refused to call for help, precipitating the young girl’s death.

Family are still outraged by the incident, and don’t think two years was an appropriate punishment. “I was not happy with the sentence,” said Nicole’s brother James. “He wasn't given enough time. The whole family's upset about it. It wasn't something that we were quite expecting.”

Crown Attorney Calvin Barry believes the case sends a clear message to drug peddlers.

“If you're trafficking in this type of drug, ecstasy or any kind of drug like heroin, cocaine, and you cause someone's death ... you're going to end up doing some serious jail time,” he said.

When asked by the court if he had anything to say to Nicole's family, Bardindino declined comment and was promptly whisked away to begin serving time.


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2 years just doesn't sound right...


http://www.pulse24.com/News/Top_Story/20040120-013/page.asp

 

[The Tesseract]

 

[torontobarfly]

doesn't surprise me in the least....we live in a great country but when was the last time you heard of anyone getting a harsh sentence for any crime....our justice system is a joke...

 

[PosTMOd]

If I remember correctly, the pills were blue supermen containing paramethoxyamphetamine (PMA).

Then again, my memory is not so good... all the mdma I used to take has made it bad.

 

[Skipper]

Were they PMA pills? I don't remember what came of that investigation either...

 

[tayo]

Did she only take one pill?

 

[Soundstream]

Originally posted by Skipper
Were they PMA pills? I don't remember what came of that investigation either...

They were from what I remember way back when. I believe she had taken an MDMA filled pill earlier in the night and then combined it with PMA which caused the reaction which eventually killed her.

What kind of upset me was the families comments pushing all of the responsibility onto the person who made the drug and the guy who sold it. While it is a sad event for sure, part of the responsibility does lie with the user, even if she was misled as to the contents of the pill.

Although, there is NO excuse for the owner of that place to not call for help. He really did deserve to be sentenced, although a few more years might have been more appropriate.

Cheers ... Ian

 

[tayo]

She was just experimenting. She'd still be alive if some asshole hadn't introduced killer pills into the market and some other asshole hadn't sold them.
It is these *true* criminals who keep recreational drugs illegal.

 

[litespeed]

If you're goign to abuse drugs you have to be prepared to deal with the consequences.

However, buddy is still a fuck for not getting help and deserves the consequences.

was he held in custody from then untill now?

 

[kerouacdude]

Originally posted by Soundstream

What kind of upset me was the families comments pushing all of the responsibility onto the person who made the drug and the guy who sold it. While it is a sad event for sure, part of the responsibility does lie with the user, even if she was misled as to the contents of the pill.

c'mon....she was a 17-year-old kid for chrissake...you never did anything incredibly stupid and risky to your health in your teens?

 

[Soundstream]

Originally posted by kerouacdude
c'mon....she was a 17-year-old kid for chrissake...you never did anything incredibly stupid and risky to your health in your teens?

Actually, up until my twenties I was a total goody-two-shoe, hehe. But I probably did do some stupid things at some point, but that is besides the point. However, I know that if (for example) I killed myself driving too fast in a car, my parents would not blame the car manufacturer for allowing the vehicle to go that fast. It was my choice to drive at an improper speed.

I am not saying that it is entirely her fault, as she was misled and also her condition was ignored when help was needed. But it was a concious decision on her part. Unfortunately the outcome was tragic, and is not the normal outcome of her actions. Although I guess no parent is really going to want to admit that on camera, which is probably why only the "drug dealers are evil" speech gets aired.

The majority of the blame definetly lies with the owner of the CyberCafe not seeking medical assistance for her, though and he should definetly be punished for his (lack of) actions.

Cheers ... Ian

 

[kerouacdude]

i was a late-bloomer myself. I dunno, I just think if you've got product and its potent, you shouldn't be selling it to kids. Give 'em the weak shit, the placebo effect's gonna take hold anyways.

 

[Klubmasta Will]

1. did she die from the contents of the pill or from hitting her head?

2. if he only got 2 years for "criminal negligence causing death", how long would he have gotten for just regular drug trafficking? what's the incentive for calling the paramedics unless you're going to give a much longer sentence for "causing death"?

 

[Soundstream]

Originally posted by Klubmasta Will
1. did she die from the contents of the pill or from hitting her head?

2. if he only got 2 years for "criminal negligence causing death", how long would he have gotten for just regular drug trafficking? what's the incentive for calling the paramedics unless you're going to give a much longer sentence for "causing death"?

1. I wondered that myself. Falling back in her seat might have caused damage to her skull/brain, thus making her condition worse.

2. Depending on what he had on him, he probably would have got a larger sentence for possession and trafficing. But he was most likely not thinking rationally when he made the decision.

Cheers ... Ian

 

[Teflon]

I've worked for Calvin Barry before, last December to be exact.

He's nuts just for the record.

 

[AdRiaN]

The story I heard on the news this morning said that Malik was sold "$40 worth of ecstasy" ... so I'm assuming two pills.

 

[Soundstream]

Originally posted by AdRiaN
The story I heard on the news this morning said that Malik was sold "$40 worth of ecstasy" ... so I'm assuming two pills.

If those are "police numbers", then it was just one.

Cheers ... Ian

 

[Hi i'm God]

Originally posted by AdRiaN
The story I heard on the news this morning said that Malik was sold "$40 worth of ecstasy" ... so I'm assuming two pills.

Thats just one pill. The 40$ ones I buy have those heroin bits in them.

 

[Soundstream]

Originally posted by Hi i'm God
Thats just one pill. The 40$ ones I buy have those heroin bits in them.

The brown ones, right?

Cheers ... Ian

 

[Ditto Much]

Originally posted by Klubmasta Will
1. did she die from the contents of the pill or from hitting her head?

2. if he only got 2 years for "criminal negligence causing death", how long would he have gotten for just regular drug trafficking? what's the incentive for calling the paramedics unless you're going to give a much longer sentence for "causing death"?

Point two was what got to me to be honest. See if the first thing he did when she hit the ground was called an ambulance than I see what he did as being trafficking and maybe corruption of a minor. Serious charges but reasonable to a couple of years with good behavior, but it appears that "criminal negligence causing death" is the more appropriate charge.

The reason I say this is that as the manger of the club he was responsible to his patrons. If she fell over and hit her head she was his responsibility regardless of liability.


The first party I ever through was an after party for an event called Kosmic up in Ottawa. I hired this gentleman Reggie to be my doorman and to advise me on security. Before the party we went over our standard practices and he advised me to some key problems I had (dark areas, lack of proper exit lights). At one point during the morning he comes up to me and he tells me that my partner has made a very dangerous decision and that in his opinion he needs to change it. A couple of weeks earlier my partner had agreed to allow a group from London (we were in Ottawa) to bring in NO2.

Reggie's concern was in the basis of liability. Being that we had a plan for dealing with drugs and we were both searching and patrolling the party for drugs we were taking an active role in preventing injury and in following the law (basically). If someone took 10 pills and died on the floor we could easily argue that strip searches were not possible and there was nothing we could do. But if someone falls over and hits there head after taking a haul of a 20lb florescent blue tank of laughing gas even though the substance wasn't illegal we would be clearly liable.

In this case I believe that this club manager got off to easily. If he had called the ambulance himself, even after trying to revive her himself it would be appropriate, but he should a callas disregard for her life and safety and I think it deserves a more strict sentence.