A Windsor man once described by a judge as having promising future prospects has been sentenced to 4.5 years in prison for multiple firearms and drug trafficking offences after being caught with weapons and narcotics in his vehicle.
Judge's Disappointment in Promising Defendant
Superior Court Justice Brian Dube expressed particular disappointment in Hussein Al Hayawi, telling the defendant during a June sentencing hearing, "You should not be here, you can make something of yourself." Despite this assessment of the young man's potential, the serious nature of the crimes demanded significant prison time.
The Traffic Stop That Led to Discovery
The case began on January 15, 2019, when Windsor police pulled over Al Hayawi's vehicle at Tecumseh Road East and Howard Avenue for an alleged licence plate light violation. Officers spotted suspected drugs inside the car during the stop, prompting a more thorough search that revealed additional narcotics and three firearms.
The weapons discovered included a Bushmaster .223-calibre rifle and two Canuck 12-gauge shotguns. The substantial cache of drugs indicated trafficking operations rather than personal use.
Legal Proceedings and Charter Violations
Following a trial in the fall of 2024, Justice Dube found Al Hayawi guilty on 11 of 14 original counts in a decision released earlier this year. The convictions included possession of a restricted weapon, unauthorized possession of firearms, and possession of drugs for the purpose of trafficking.
Notably, the judge acknowledged that police committed "multiple violations of the accused's Charter rights" during the arrest, though these violations didn't prevent convictions on the majority of charges.
Sentencing Debate and Final Judgment
During sentencing arguments, the Crown sought a five-year term, emphasizing the dangerous connection between drugs and firearms in criminal enterprises. The defence countered that Al Hayawi was a "youthful first-time offender" who was 22 at the time of the crimes and had plans to attend medical school.
In his November 14 sentencing decision, Justice Dube imposed a three-year prison sentence for the firearm convictions with an additional 18 months consecutive for drug trafficking. The judge also issued a forfeiture order for the seized items and imposed a 10-year weapons possession ban.
With credit for 463 days already served in pre-sentence custody, Al Hayawi, who turns 29 next month, has approximately three years remaining to serve on his sentence.
