Loading

74°F

73°F

72°F

71°F

72°F

72°F

72°F

75°F

72°F
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
Boy found safe after becoming lost in the woodsSubmitted: 09/02/2014

FLORENCE COUNTY - A family in Florence County needed help finding their three-year-old after he disappeared in the woods Monday.

The boy was missing for nearly two hours Monday morning.

The family was packing up to head home when the boy wandered away around 9:15.

He had walked about a half mile into the woods.

The family says he was very wet but healthy.

+ Read More
Watch out for kids as school resumesSubmitted: 09/02/2014

RHINELANDER - Students went back to class in many districts across Wisconsin Tuesday morning.

The Wisconsin State Patrol wants drivers to watch out for them.

Some kids might get to and from school on their bikes.

It's the law to give bikers three feet of space when you're passing them.

You also need to stay 20 feet away from stopped school buses.

Parents should make sure their kids know how to stay safe on their way to and from school.

Kids need to watch out for traffic.

Parents should remind them texting while walking can be a distraction.

+ Read More
Two photographic exhibits to open next week at ArtStartSubmitted: 09/01/2014

RHINELANDER - The artists paired together in ArtStart's next exhibition couldn't have more different backgrounds.

Next Friday, the Rhinelander gallery will open with two very diverse displays.

"We have two photographic exhibitions opening. One is a solo artist, so the whole gallery will be their work, and the other is an artist who worked with teens as a kind of therapy program, photography and art as therapy," said ArtStart Development Director Melinda Childs.

+ Read More
Special chair offers people with disabilities new opportunitiesSubmitted: 09/01/2014

Play Video

RHINELANDER - It can be difficult to get around the Northwoods, especially in the snow. For people with physical disabilities, it can seem almost impossible. A new piece of technology changed Bob Simon's life. Now he's hoping to help others with physical disabilities enjoy the outdoors.

"I used to love to hunt and fish," he said.

But when Simon, who is from Rhinelander, lost his legs during a work accident in 2008, he didn't know if he'd be able to enjoy the outdoors again.

+ Read More
A local girl earns her Girl Scout Silver AwardSubmitted: 09/01/2014

Play Video

RHINELANDER - Shandi Peitsch will receive her Girl Scout Silver Award.

The fourteen-year-old will get the award because she finished a service project at the Rhinelander Ice Arena.

+ Read More
State seeks feedback on unemployment insurance systemSubmitted: 09/01/2014

Play Video

RHINELANDER - More than 50,000 people in Wisconsin apply for unemployment benefits every week.

Now, the state Department of Workforce Development wants to know how it can improve the unemployment insurance system.

"Our Unemployment Insurance Advisory Council really likes to get out there and hear firsthand from those who deal with that system directly. We're looking for their suggestions and their ideas on what we might do to make the system even better," said Dave Anderson, the Assistant Deputy Secretary for the state Department of Workforce Development.

+ Read More
Locals get a good seat waving goodbye to visitorsSubmitted: 09/01/2014

Play Video

HAZELHURST - Tourists make a big economic impact in the Northwoods, but they don't stay forever. Monday, locals thanked them for coming to the Northwoods this summer.

People stood outside of Whitman's Bar and Grill just off of Highway 51 in Hazelhurst to wave goodbye. The bar has marked this occasion for 44 years.

One of the owners says this isn't just a party for the tourists, but for locals as well.

"It's also a Goodbye Summer party for a lot of the locals. Most of the people that come, I know," said Whitman's Bar and Grill co-owner, Mary Whitman. "They may be tourists that come up for a week or weekends, but it's a party. We give away free street corn, free sloppy joes, and it's just a thank you.

+ Read More
+ More General News
Search: 




Click Here