Full parole for man caught with three loaded handguns after Dartmouth mall gun deal: ‘You are not unfamiliar with weapons’

A man police caught with three loaded handguns and cocaine after surveillance cameras at a Dartmouth mall captured a pre-dawn gun deal going down in the parking lot three summers back has been granted full parole.

Marco Morrell Simmonds, 36, already had lifetime firearms ban before a Mic Mac Mall security guard called police after spotting the gun deal happening on camera just before 4 a.m. on July 31, 2021.

“Police reviewed the footage and were able to identify you as a suspect,” according to his most recent parole decision.

They went to Simmonds’ Collins Grove apartment building with warrants and searched his white BMW, seizing a loaded silver .357-calibre Magnum, a bag that contained a loaded .22 and 24 grams of cocaine, and a loaded .45-calibre pistol with the serial number carved out.

“Since 2013, you are bound by a lifetime firearms prohibition order,” said the parole board decision dated Dec. 4, 2023.

Impaired driving 

Simmonds was already in trouble for impaired driving before police caught him with the guns.

“Police contact occurred in the early morning hours of Oct. 22, 2020, when they initiated a vehicle stop that involved speeding,” said the parole board.

“Initially, you were not compliant and pulled the car ahead after the initial stop. However, alcohol use was suspected, and you advised that you were suspended from driving. A breathalyser test would confirm use above the legal limit.”

It wasn’t his first impaired driving conviction.

“Aggravating factors identified at the time of sentencing were your lengthy criminal record and the fact that you were bound by a weapons prohibition as well as driving prohibition at the time of arrest,” said the parole board.

It reviewed his criminal history before granting Simmonds full parole.

“You are not unfamiliar with weapons. In 2007, you received a conditional discharge for possession of a weapon and resisting arrest. Thereafter, there were convictions and short provincial sentences for drug-related offences, breaches, assaulting a peace officer and lesser matters,” said his parole decision.

“Of significance was a six-year sentence in 2013 for discharging a firearm. That offence involved firing shots into an occupied residence, an act you claim to have been paid to commit. On statutory release from that sentence, you were convicted of impaired driving again along with driving while disqualified.”

Simmonds has had “mixed results on conditional release,” said the parole board.

“During your previous federal sentence, you successfully completed day parole. However, full parole as well as a period of statutory release were suspended and revoked. These developments stemmed from leaving the scene of an accident and a charge of impaired driving.”

‘Carry guns for protection’

Simmonds grew up in “a positive home environment,” said the parole board.

“It has nevertheless been suggested that you were raised in a high crime area and fell prey to the challenges and temptations of the same,” it said. “Your education was interrupted, but you amassed a decent employment history.”

Simmonds told the parole board the guns he was caught with were for protection.

“With respect to weapons, you have frankly stated that you grew up in an area where persons involved with the sex trade and drugs, left people inclined to carry guns for protection,” said the parole board.

“You do not deny that the weapons seized more recently were for protection to include family members.”

Simmonds “denied any substance abuse problems,” said the parole board.

“But multiple convictions of impaired driving would suggest otherwise. Regarding your education, the board notes that you completed your general education diploma during a prior period of incarceration. A later in life diagnosis of attention deficit hyperactivity disorder assists in understanding certain academic challenges.”

The parole board took Simmonds “experiences as an African Canadian” into account in making its decision to grant him full parole.

“It is well documented that people of your heritage faced many systemic barriers to full participation in society and through any number of racists practices have struggled on any number of levels. One outcome often identified is mistrust of police. Another overarching one is economic,” said the parole board.

“The ability to fully participate in society such that a family can flourish, so to speak, cannot be overstated in terms of importance.”

Family commitment 

The board granted Simmonds day parole at a halfway house last May.

“By all accounts, the release went well. Programming was completed, commitment to family evident and employment secured in the construction field,” said the parole board.

Simmonds will live with his intimate partner and his children while on full parole.

“It was previously indicated that you would connect with 902 Man-Up, an organization that offers transitional support for African Canadian offenders,” said the parole board.

The Correctional Service of Canada “is of the opinion that you are spending your time constructively, have developed positive routines and have been transparent,” said the parole board.

“Police maintain their opposition to this release, consistent with their position regarding day parole.”

The board was most concerned about his involvement with guns.

“Whatever your reason for possessing weapons, they are inherently dangerous in the hands of people involved in other criminal activity. If required for personal and or family protection, you need to make some significant lifestyle changes.”

The board considered his involvement in the 2013 home shooting as an aggravating factor in assessing his risk.

‘Mixed results’

While Simmonds had some success with day parole while doing time for that, it didn’t all go well.

It “would eventually fail as would the statutory release that followed,” said the parole board.

“Criminal behaviour, albeit non-violent occurred. Jumping ahead the past year or more, the board has weighed your mixed results on day parole. Again, no indication of violence but some drug use and general pushing of the rules and ignoring behavioural expectations. These issues speak to the challenges your lifestyle brings to conditional release. The formula for success is relatively straightforward if you stick to your release plan, namely, a commitment to family, healthy routines, avoidance of negative associates, sobriety, and employment.”

Simmonds has “the intellect and ability to do well,” said the parole board.

‘Healthy first step’

“Commitment in the face of temptations is the larger issue. Your home area, in the opinion of the police, is high crime in nature. There is little you can do about that but still must put up the barriers necessary to avoid what goes on around you. A commitment to 902 Man-Up would be a healthy first step.”

While Simmonds has made “some missteps and outright violations” of his release conditions, there’s been no indication he’s fallen back into a life of crime, according to the parole board.

“You have children who are dependent and the closer you can be to them the better you will be. The board believes that a more liberal release will assist with meeting that commitment.”

The board opined that Simmonds wouldn’t “present an undue risk to society” on full parole. “Your release will contribute to the protection of society by facilitating your reintegration into society as a law-abiding citizen. Therefore, full parole is granted upon successful completion of current day parole.”

Release conditions

It ordered Simmonds to stay away from booze.

“You have multiple convictions for impaired driving, and alcohol misuse appears linked to poor decision making that has contributed to other crimes,” said the parole board.

It ordered Simmonds to follow a substance abuse program arranged by his parole officer.

“The board believes that community interventions to support your current abstinence are necessary and will help you maintain community stability,” said the parole board.

‘Street gang’

It also ordered Simmonds to stay away from criminals.

“You have a lengthy history of associating with, and committing crimes in concert with peers who are criminally oriented,” said the parole board.

“Police report you have past associations with a street gang. Your possession of three loaded handguns in 2021 was possible only by your associating with peers who gave/sold the weapons to you illegally. The board is therefore of the opinion that you must not associate with criminally active individuals as they could influence you towards your historic criminal cycle.”