Loading
Search
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
Submitted: 04/23/2017

ANTIGO - One year ago on Saturday, April 23, 2016, an Antigo High School graduate shot and injured two people leaving prom.

Jakob Wagner may have done much more had a fast-acting Antigo police officer not been nearby to stop him.

+ Read More

WISCONSIN - MADISON, Wis. (AP) -  A new report from the American Society of Civil Engineers says Wisconsin will have $7 billion in drinking water and wastewater infrastructure needs in the next 20 years.

Wisconsin Public Radio reports the state is already facing water problems, such as the pollution of nearly one-third of private wells in Kewaunee County and the possible contamination of nearly 2,000 La Crosse County wells.



+ Read More

Play Video

WAUSAU - When times get rough, most of us turn to our families for support. But sometimes during that struggle a whole new family is found.

Looking through old picture albums brings back memories for most of us.

"You just embrace those moments. I was thankful she could walk at that time," said Terry Vullings as she looked at pictures of her daughter, Megan, using a walker at the age of four. "You take those good things however they come."

+ Read More

NORTHWOODS - People often reflect on what they can do to help the environment on Earth Day. 

There were several Earth Day-related events going on in the Northwoods on Saturday.

+ Read More

CRANDON - Dogs, wolf-dog hybrids, and horses seized in Forest County in March remain in the care of the ASPCA.

The animal welfare organization says it's keeping them in a sheltered environment.

The ASPCA and Forest County sheriff's deputies seized dozens of animals from the Crandon property of Patty Kirker on March 17.

Kirker is now charged with 156 criminal counts related to animal mistreatment.

+ Read More

Play Video

MINOCQUA - Sometimes it only takes a few minutes to decide on a hairstyle, but to get that hairstyle up and ready to go in time for prom pictures can take hours. 

+ Read More

PRICE COUNTY - A former U.S. Airman convicted of having sex with a 15-year-old girl will live in Price County.

The Price County Sheriff announced Keith D. Jones' release on Friday.

According to a press release, Jones pled guilty to the charges in an Air Force court at Vance Air Force Base in Oklahoma in 2013.

+ Read More
+ More General News
Search: 





Click Here