NEWS STORIES

Hildebrand case shows synthetic drugs create challenges for law enforcementSubmitted: 11/14/2013
Story By Lyndsey Stemm


RHINELANDER - A Rhinelander man busted for selling bath salts won't do jail time.

John Hildebrand was busted last year for selling the drug out of his adult gift store. But all he'll have to do is pay court costs and stay out of trouble for a few years.

The outcome might surprise you given the severity of the original charges. But his case is the prefect example of why it's so hard for law enforcement to deal with synthetic drug cases right now.

Bath salts are gaining traction in the Northwoods. We've all heard the horror stories coming from around the U.S., and hear about it more and more here.

John Hildebrand was charged with nine felonies, all having to do with selling MDPV, known as the bath salts drug. Police found out he was selling it right out of his adult gift shop in Rhinelander. The charges were so serious he faced a maximum of 113 years in prison.

The federal government had to issue an emergency blanket ban on bath salts while legislators worked on permanent laws to make them illegal. But here's where the problems start: the statutes that make the drug illegal list specific ingredients. These newer designer drugs aren't like marijuana or cocaine; their chemical makeup can be easily altered just slightly, making them technically legal. That's why Hildebrand's original case was thrown out.

"We have to wait for a certain amount of time and once those results come back because of the results it wasn't actually a controlled substance under the act and so he couldn't formally charge under that. So he dismissed that case and re-filed it under the abuse of a hazardous substance statute," says Oneida County District Attorney Mike Schiek.

Oneida County got creative. The abuse of a hazardous substance statute was created to battle huffing, but had enough room for interpretation it could be applied to other drugs without their own statute.

"We don't want as a community to let these new drugs come in and say, 'Listen we don't know what we can do. We can't prosecute this because it's not in the books so there's nothing we can do about it'. We would rather take a much more proactive approach and charge them under these other statutes that we think certainly apply," says Schiek.

Other counties throughout the state are facing the same struggle. Drug enforcement officers who worked on this case told us other counties were anxious to see if Oneida Count could pull off successfully prosecuting someone for bath salts under that statute. It would be the first time.

"That was the first bath salts case, I believe, this county saw. And when it came through the media was very excited about it, I wasn't the original prosecutor but even in my role as a defense attorney I remember that case coming out and the defense bar talking about how that was going to affect things," says Schiek.

Last month Hildebrand was convicted of one of the felony distribution of a hazardous substance charges, as part of a plea deal. Hildebrand had to pay court costs, and has to stay out of trouble or he'll be hauled to jail. So why not go all the way to trial for both charges? One reason is since the statute wasn't designed for that specific drug it would have dragged the case out much longer than the two years it had already been going on. Schiek considered other factors too.

"Discrete Pleasures was closed down. It's my understanding he owned a construction business; he lost that as well. He had a home in the area that he lost. The message is that it took its toll on his life; he got messed up with this stuff and it literally ruined his life. The charges were certainly warranted but he lost everything," says Schiek.

Another big reason is there was a lot riding on them getting a guilty conviction. It sets a precedent for the whole state to start pushing these cases, rather than throw in the towel.

"We have to try to protect the community. And if these drugs are coming in and we're just throwing up our hands and saying, 'There's nothing we can do about it, we just have to let it happen'. I don't think that's the right way to handle the problem. I would rather take a different approach and let people know that if these drugs do come into the community we've got a statute we can prosecute under and we're willing to go for it," says Schiek.



Text Size: + Increase | Decrease -
Print Story | Email Story
Sponsored in part by HodagSports.com





 IN OTHER NEWS

THREE LAKES - People living in Three Lakes should start running their water.

The Three Lakes Sanitary District wants everyone to run a pencil sized stream of water from one faucet.

It should run from the cold faucet 24 hours a day.

The sanitary district will let people know when they can stop running water.

+ Read More

Play Video

WAUSAU - A local restaurant owner hopes his customers can taste and see how much he loves making traditional Vietnamese noodle soup.

Payao Lo is originally from Laos. He moved to Wausau and opened his Vietnamese restaurant, Pho 76, seven years ago. He's been serving the community ever since.

+ Read More

WISCONSIN - Disabilities advocates say Gov. Scott Walker's budget cuts could be devastating to programs that help Wisconsinites live independently.

Changes to the popular Family Care program and other cuts could save the state $33 million over the next two years. But questions remain as to how programs for people with disabilities would work.

Claire Yunker, spokeswoman for the Department of Health Services, says the changes are aimed at preventing abuse in the existing system and creating a more coordinated care regimen.

But Daniel Idzikowski, executive director of Disability Rights says his organization was not consulted about Walker's plan. He says it would drastically restructure Family Care, the program that administers personal care and long-term care services to elderly, disabled and injured Wisconsinites through Medicaid.

+ Read More

Play Video

EAGLE RIVER - Each year, nearly 800,000 people experience a stroke, and it's the fourth leading cause of death in the United States.

A Northwoods man who's had six strokes found a way to help others who've experienced them.

Rick Bozic found that writing poems helped him cope with his health problems.

He published a book of poems about a month ago.

He had a book signing on Saturday.

+ Read More

Play Video

MINOCQUA - It's the fifth year for the ski-snowshoe event.

The event is a fundraiser for both the Minocqua J1 school, and Arbor Vitae-Woodruff school. More than 350 people went this Saturday.

Event organizer Judy Jurries says that's a lot more than last year.

+ Read More

Play Video

RHINELANDER - The ski clinic was held this morning. It only cost $10.

The class was sponsored by Mel's Trading Post and the School District of Rhinelander Community Education Program

+ Read More

Play Video

WAUSAU - The exhibition, called Medieval to Metal: The Art and Evolution of the Guitar opened Saturday.

It's a touring exhibition from the National Guitar Museum.

The executive director of that museum led a gallery walk Saturday.

+ Read More
+ More General News
Search: 




Click Here