A convicted drug dealer saw his cocaine trafficking sentence halved after a sympathetic judge showed leniency due to the man’s status as a ‘young black man’ at risk of deportation.

This decision was made by Justice Robert Horton in Ontario, Canada, last week. The judge expressed compassion for the drug dealer, Roosevelt Rush, 32, because of his ‘mitigating circumstances’.

Rush was already sentenced to six years for fentanyl trafficking and firearm offenses. However, while out on bail and awaiting sentencing in December 2022, he was again apprehended with 55 grams of cocaine.

During the second sentencing, Judge Horton mentioned that a typical sentence would be 24 months, but he reduced it to 12 months due to mitigating circumstances and Rush’s current six-year sentence.

The judge outlined several mitigating factors: Rush being a young black man, a father to three children, his guilty plea, and the potential of deportation, as reported by the National Post.

Even after being arrested for trafficking a Class-A drug, Horton noted that Rush’s prospects for earning a living are closely tied to his identity as a black man in Western society.

Horton said he based his decision off a Race and Cultural Assessment of Rush’s case, which he said ‘supports that Mr. Rush’s life choices and opportunities have been informed by systemic discrimination as has his engagement in the criminal justice system as a young Black man.’ 

‘Mr. Rush has significant family support, support which continues. Those that love him are many and strongly speak to his kindness, his devotion to his children and his strong work ethic. Notably he has the support of the mothers of his children,’ the judge added. 

Horton said that Rush had lived in Canada since he was 19, but was not a Canadian citizen. 

According to the Immigration and Refugee Protection Act, a ‘permanent resident or a foreign national is inadmissible on grounds of serious criminality’ if they are sentenced to over six months in jail. 

Horton wrote in his decision that this was a ‘significant collateral consequence’ to Rush’s case, because he is ‘not a Canadian citizen and is likely to be deported as a result of these offenses.’ 

The judge also said that Rush’s turbulent childhood was a reason he deserved leniency, because he ‘grew up in an area that was high with criminal activity, and which affected his family’s safety.’ 

‘It was a regular occurrence to hear gunshots. When he was 12, Mr. Rush’s uncle was stabbed by a friend. His family went to the scene and Mr. Rush witnessed this horror. Another uncle was beaten to death with an iron rod when he was in high school.’ 

The judge said that his concerns over Rush’s case were lessened by his consideration for his ‘prospects of rehabilitation.’ 

He said Rush previously worked as a forklift operator until the pandemic hit, and when he was injured, he had to turn to a life of crime because he was unable to ‘provide the documentation he needed to keep his job’, Horton said. 

‘Feeling that he had exhausted most of his options, Mr. Rush said he chose to engage in the illicit activities he saw his peers engaged in to have income,’ Horton said. 

Despite making his money through drug dealing, the judge shockingly wrote that this was a benefit to Rush because he ‘able to pay his bills and get an apartment again… He was able to do a bit extra for his kids, such as buy them bikes, and get a car to help the family be more mobile.’ 

According to Horton, Rush’s ‘experiences as he attempted to earn an income to be able to survive are inextricably linked to his entity as a black man within western culture.’ 

‘For black men in middle adulthood, their sense of manhood is often tied to their ability to fulfill roles such as provider, husband, father, employee and community member. 

‘However, they face systemic obstacles that hinder success in these roles. For instance, historically, they have earned below 75 per cent of white men’s wages.’ 

The judge admitted in his sentencing that ‘there is no disputing cocaine is an extremely dangerous and insidious drug with potential to cause a great deal of harm to individuals and to society.’ 

‘Likewise, possession of crack cocaine for the purpose of trafficking is a serious offence warranting emphasis on the principles of deterrence and denunciation,’ he continued. 

The judge wrote that ‘Rush as a mid-level trafficker of cocaine. He is not an addict trafficker and elected to do this purely for financial gain.’ 

‘Rush experienced systemic and personal discrimination as a Black man, and that this has certainly played a role in his criminality,’ the judge concluded. 

Daily Mail has contacted the Ontario Court’s Minister’s Office for comment.