Loading

58°F

56°F

57°F

56°F

54°F

65°F

57°F

67°F

54°F

59°F

67°F

57°F
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
What We're Working OnSubmitted: 04/01/2015

- Leaders in Rhinelander will ask voters to approve an advisory question on whether to implement a Premier Resort Area Sales Tax on the city's April 7th ballot. The tax is the only municipal retail sales tax authorized by the Wisconsin Legislature. The 0.5% (1/2 cent on the dollar) sales tax would impact taxable items at tourist related retailers. We'll hear from Rhinelander's mayor on why he believes voters should pass the advisory question tonight on Newswatch 12.

- Plus, Downtown Phelps, admittedly, looks a bit run down. But the community has a plan to bring it back. Find out more on Newswatch 12 tonight.

We'll have the details on these stories and more tonight on Newswatch 12 - news from where you live.

+ Read More

EAGLE RIVER - Farmers markets can encourage kids to eat healthy from an early age. They can also teach kids where their food comes from.

The Eagle River Revitalization Program hosts a special farmers market for children every year. It gives kids the chance to pick out vegetables and learn how they grow.

+ Read More

WAUSAU - Police in Wausau want to talk to a man who might have tried to kidnap a child.

The child's father told police a man walked up to his seven-year-old and started talking. The man allegedly asked the child if the child was lost and grabbed the child's coat.

+ Read More

NORTHWOODS - Ants, ticks, wasps, and mosquitoes can all cause problems during late spring. That means you'll need to prepare the yard for spring pests.

There are a few things you should do before spraying the yard.

+ Read More

BROKAW - Two central Wisconsin towns may need to take on more than $3-million in debt from a neighboring village.

The towns of Texas and Maine could take on the village of Brokaw's assets and debt if it decides to dissolve.

A paper mill left Brokaw in 2011. Now its water utility costs much more to operate than it brings in from customers.

+ Read More

INDIANAPOLIS - A newspaper reports that Indiana lawmakers have proposed limited protections for gays and lesbians while they try to quell concerns that a new law that supporters say protects religious liberties would allow discrimination.

+ Read More

MADISON - Gov. Scott Walker's promise of a "big announcement" on April Fool's Day turned out to have nothing to do with presidential politics.

Walker, widely expected to compete for the GOP presidential nomination, took to Twitter to promise his followers big news at 10 a.m. on Wednesday.

+ Read More
+ More General News
Search: 




Click Here