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.
WAUSAU - Many of us try to honor our veterans whenever we can.
Gov. Scott Walker (R-Wisconsin) added one more way.
The Governor visited several veteran-owned businesses across the state Tuesday for Veteran-Owned Business Day.
Tuesday afternoon he stopped at Prosthetic Orthotic Center in Wausau.
He says veteran-owned businesses are good for other veterans and the economy.
"We found statistically that veterans are about 30 percent more likely to hire fellow veterans as employees," Walker said. "So it's good all the way around."
If you are a veteran-owned business, you can register with the state at WisVets.com
That way you can get a decal that says Wisconsin Veteran-Owned for your business window or door.
You also get listed in a state veteran-owned business directory.
"We're branding it, letting the public know that businesses that are owned by veterans, letting them know whether it's in a sign in their window or whether it's on the website, or other ways that we can draw attention," Walker said.
About 390,000 veterans live in Wisconsin, and about 11 percent of the state's businesses are veteran-owned.
Several Republican senators, including Sen. Ron Johnson (R-Wisconsin), have said they're not ready to vote.
Gov. Scott Walker (R-Wisconsin) says he supports Johnson on this.
"We've given Senator Johnson some suggestions," Walker said. "I think he wants to vote for it, he made the promise when he ran in '10 and then last year in 2016 that he would vote to repeal it, he wants to do that, he just wants to make sure that the repeal ultimately ends up serving the people of Wisconsin well."
Both Democratic and Republican senators say they have issues with the bill.
Some Republicans say the bill doesn't get rid of enough of the Affordable Care Act.
Democrats worry about Medicaid cuts.
Walker says he wants Wisconsin to continue to do what it does well in healthcare.
"What I've asked Senator Johnson is help us do the things we've been successful at," Walker said. "We're a top ten state when it comes to access for healthcare for citizens, we're a top ten state with the quality of our healthcare systems. We want to maintain that going forward."
On Monday, the Congressional Budget Office said the new bill would cause 22 million Americans to be uninsured.
Johnson put out a statement Tuesday saying he was glad there won't be a vote this week.
WAUSAU - Drugs led to four arrests and one death in north-central Wisconsin on Monday.
The Marathon County Sheriff's Office reports a 37-year-old Shawano man died after apparently overdosing on methamphetamine.
Witnesses say 37-year-old Lucas Groshek and his wife, Carolyn, were shaking and convulsing in a car in the eastern Marathon County town of Norrie. Mr. Groshek died before getting to the hospital. Mrs. Groshek, 33, is in stable condition as of Tuesday afternoon.
RHINELANDER - Three decades-old signs greet people coming into Rhinelander from various sides. But if you drive past them every day, you likely don't even notice them. Rhinelander wants to make sure those old signs stand out.
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