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

Play Video

NORTHWOODS - Temperatures dropping and more snow falling means more snow on our cars and streets. 

Cities all over the Northwoods want to make sure your cars and the roads stay safe with each snowfall by instituting winter parking regulations. 

The regulations in the City of Rhinelander include odd and even street parking to make it easier for clearing roads.

+ Read More

Play Video

MERRILL - Every year a Merrill restaurant owner takes holiday giving to a new level. 

Skipper's Restaurant owner Rick Scott decided to start an annual charity of his own to raise funds for the town's furry friends. Scott started hosting a Christmas tree and wreath sale four years ago. All proceeds go to the Lincoln County Humane Society. 

+ Read More

Play Video

RHINELANDER - You probably wouldn't want to pick up stray dogs in your car every day. But that's what many Oneida County Humane Society workers have needed to do a lot of lately.  But not any longer.

The Humane Society got a mildly used Dodge Caravan this month. An anonymous donor gave $10,000, then Rhinelander Toyota and GM chipped in $5,000 each.

"It's nice that the donation came when it did," Humane Society Director Bria Swartout said. "We definitely probably wouldn't have gotten a vehicle as wonderful as this one is without a huge donation that we did get."

+ Read More

EAGLE RIVER - This years Capitol Christmas tree came from Eagle River, and now the choir performing at the tree-lighting ceremony will come from Eagle River, too.

The Northland Pines High School choir got in one last practice before they head down to Madison tomorrow.

More than 30 students will be performing in front of the governor.

+ Read More

Play Video

EAGLE RIVER - Every year, a Christmas tree from Wisconsin helps brighten the Capitol rotunda in Madison. 

The governor officially lit this year's tree, which came from Eagle River, Friday.

While the tree's decorations provided the light, the Northland Pines High School choir provided the sound.

"It's in the Capitol and it's, I mean, people from the state come to see it," said Northlands Pines sophomore Malcolm McCanles.

+ Read More

Play Video

RHINELANDER - No holiday season feels complete without seeing the decorations around town. The Rhinelander Railroad Association is one of the many groups decking out their space.

Saturday from 10 a.m. to 4 p.m., visitors can enjoy coffee, Christmas cookies, and trains at the Pioneer Park Train Depot Museum.

The Christmas train display is the main attraction.The display is the total replica of Rhinelander and the surrounding areas from 1920 to 1940.

+ Read More

Play Video

MONICO - Slippery roads caused a rollover crash between Monico and Crandon Friday morning.

No one was hurt in the pickup truck rollover, and deputies won't hand out any citations.

One other car ended up in the ditch.

Deputies on scene said that stretch of Highway 8 seemed to be one of the only slippery roads in all of Oneida County.

Responders narrowed traffic flow on Highway 8 to one lane while the accident was cleared.

+ Read More
+ More General News
Search: 





Click Here