NEWS FILE PHOTO Medicine Hat Provincial Court is seen in this file photo.
jappel@medicinehatnews.com@MHNJeremyAppel
A woman arrested in the biggest fentanyl bust in Medicine Hat history while out on bail for her role in an unlawful confinement case has been sentenced to five years in custody.
Theresa Babitzke appeared in the dock at provincial court Thursday, where defence counsel Greg White entered guilty pleas to the more recent charges against her – three counts of possession for the purposes of trafficking (one each for cocaine, methamphetamine and fentanyl), breach of her bail terms and possessing the proceeds of crime.
Babitzke pled guilty to the previous charges – unlawful confinement and possessing meth for the purposes of trafficking – in March.
While awaiting sentencing on those counts, she was released on bail, with a condition she not be in possession of illegal substances.
From April to July, police received confidential source information that meth and fentanyl were being trafficked from her residence, according to the agreed statement of facts the Crown read.
On July 22, police arrested her, finding 196 grams of meth and $5,580 in Canadian currency in an envelope, as well as a functioning scale and various smaller amounts of meth and cocaine in her purse.
Upon exercising a search warrant on her residence, cops found 67 grams of fentanyl (worth $20,800) and 48 grams of cocaine, as well as batons and nunchucks.
The earlier set of charges date back to the night of Oct. 24, 2018, when Babitzke and Amanda Kaye forcibly confined a woman they believed owed them a drug debt.
Kaye allegedly punched the victim in the face before tying her to a kitchen chair and bludgeoning her legs with an iron pipe.
In the morning, the victim was able to quickly call the police before hanging up.
Babitzke’s son Matthew called police back and told them it was a mistake. They said they were sending officers as a precautionary measure, so he set the victim free.
When police arrived, they found her outside with her right eye bruised and a bloody nose.
Inside the house they found 16.17 grams of meth and various smaller amounts in packages, as well as the victim’s laptop and cellphone, which they had taken from her.
Matthew was sentenced to six months in jail in April for his relatively minor role in the confinement.
Kaye is due for arraignment on charges to which she’s pled not guilty – robbery, unlawful confinement, extortion and assault with a weapon, as well as breaches in connection with other offences – on Dec. 13.
Babitzke has an extensive criminal record dating back to 1984, although there are some significant gaps in it, court heard.
She suffers from early onset dementia, which her doctor says is getting worse. White cited this as a mitigating factor, while acknowledging “the charges are very, very serious.”
“Her time spent in custody is going to be particularly difficult,” said White.
He requested Judge Gordon Krinke recommend she be sent to a healing lodge to serve her sentence, which the judge said he would do, but made no promises.
“It’s a very difficult situation for the accused, but protection of society comes first,” said Krinke.
