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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.



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 IN OTHER NEWS
What We're Working OnSubmitted: 03/24/2017

- Tonight on Newswatch 12:

We take you live to Weston and bring you a conversation with a neighbor of Nengmy Vang, the suspect of Wednesday's shooting in the Wausau area that took the life of an officer and 3 other people.

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

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ST. GERMAIN - A school bus doesn't feature a lot of amenities. Seats, windows, and that's about it. But a company out of St. Germain thinks buses, and other big vehicles, make the perfect kitchens.

Caged Crow Fabrication is owned by Josh Romaker. He moved to the Northwoods about three years ago. Around the same time a woman in Madison approached him to help refurbish an old camper. He decided to make it into a food truck instead.

"We took on the challenge and that first build was featured on US Today and some magazines and our phone just started ringing. We've got them in Denver, Salt Lake City, New Jersey," said Romaker.

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"If a customer wants a food truck that looks like a barn or a steam train or a school bus conversion, we really stick to the unique food truck builds," said Romaker.

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"We have a sign on the wall here that says 'quality over quantity'. I think our reputation right now is really based on the attention to detail and I think we want to keep that up," said Romaker.


If you're interested in checking out more work from Caged Crow Fabrication, follow the link below.

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MARATHON COUNTY - The suspect in a Wisconsin shooting spree that left four people dead has been identified, and court records show one of the victims was his wife's divorce lawyer.

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WAUSAU - The husband of one of four victims killed in Wednesday afternoon's shooting string wants people to focus on love, respect, and hope.

Sarah Quirt Sann, 43, died after a gunman shot her at the Tlusty, Kennedy, and Dirks law firm in Schofield.

Thursday, her husband, Scott Sann, posted a statement on Facebook thanking people for their support and encouraged people to make educated and mature statements about the shootings.

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MERRILL - You might want to grab your favorite flannel to suit up for this celebration.

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The craft brewery has 16 Wisconsin craft beers on tap: six are their own. 
 
At first, the Sawmill owners didn't know what the community would think.

"They've taken it by storm. There are so many people that are referring to this as our brewery, which is really what we wanted. We wanted to build something in Merrill that they could come to and enjoy," said owner Zach Kubichek. 
 
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Sawmill put the beer in a Northern Waters Distillery bourbon barrel for the last few months. 

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You have one shot at tasting the special brew; there is only a half barrel for the special anniversary.

Beer doesn't take any breaks; Sawmill Brewing Company stays open seven days a week.

The one-year anniversary celebration starts at 2 p.m. Saturday.

The day will be full of live music, raffles, and of course, beer.


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Two bank employees and a lawyer were also identified as people killed by the shooter.

We still don't know the name of that suspect, but on Thursday, we learned he is a 45-year-old Weston resident. That shooter suffered bullet wounds as part of a standoff, and is expected to survive. He's in custody at a local hospital.

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The Oneida County Sheriff's Office Special Response Team was one of the many outside departments on scene with their armor rescue truck.

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"We're use to the mutual aid system as when another jurisdiction requests our help. We're able to go and assist them. And likewise if we had a similar incident we would request under mutual aid for other officers and deputies to come help us," said Hartman.

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