Loading
Search
NEWS STORIES

Hildebrand case shows synthetic drugs create challenges for law enforcementSubmitted: 11/14/2013
Story By Lyndsey Stemm

Hildebrand case shows synthetic drugs create challenges for law enforcement
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

ST. GERMAIN - The Milky Way Coffee Company has a full service espresso bar just like any coffee house. 

The only difference?

They're doing all of this from a food truck. 

"This is pretty unusual to have a full coffee house in a mobile unit," said co-owner Barb Guerra. 

Sisters Barb and Deb take the Milky Way Coffee Company trailer to different events in the Northwoods.

They're at the St. Germain Flee Market on Mondays. The other vendors love coming to get coffee and food.
All of the drinks follow a galactic theme.

+ Read More

Play Video

MANITOWISH WATERS - Northwoods tourism thrives off of fishing, hunting, and lake life.

Sometimes, people want to take a piece of that Northwoods culture home with them.

You might not recognize this sign in its beginning stages.

Mike Patek makes these handmade signs under the name "Vintage Cabin Signs" in Manitowish Waters. He controls everything from the cut to the paint.

His signs go all over the country. They're based off of Northwoods vacation images from the 30s and 40s; think old fishing magazines, travel posters, and postcards.

+ Read More

Play Video

VILAS COUNTY - Vilas County prides itself on its miles of trails. Whether it's cross country skiing, walking or biking, there are plenty of options. But one of the longest is the Heart of Vilas County bike system.

"We have 47 miles of paved bike trails. I don't think that any place in the state can match that, it's awesome," said Mary Vangrinsven.

Those nearly 50 miles make up the Heart of Vilas County Bike Trail.

"It's like being on vacation every day of my life," said Vangrinsven.

When the trail started nearly 20 years ago, bikers, walkers and runners were very excited.
"I was pretty amazed by how much use it was getting. I wondered if this was just a fad or whether it was something real," said Vangrinsven.

But it was real. The finished trail goes through four different communities.

"It's been a great addition to what you can do in Vilas County," said Ken Wiesner.

Bikers can go from St. Germain to Manitowish Waters and hit up Sayner and Boulder Junction along the way.

"In my opinion, it's really changed the local economy for the better," said Wiesner.

Every Wednesday, a group of nearly 50 people bike along a part of the Heart of Vilas County Bike trail.

"I think we're really finding, especially in the areas up here, that we have very active adults," said Vangrinsven.

Wiesner and his wife Barb joined the group because they have a cabin in Vilas County.

"We've made a lot of new friends over the past 10 years, primarily in the biking," said Wiesner.

Whether you do it with a group of friends, or by yourself, there's also something to enjoy along the trail.

There are shops along the trail to rent bikes if you don't have one. If you would like more information on the trail, click on the link below.

+ Read More

Play Video

MANITOWISH WATERS - Manitowish Waters would certainly look different today without its cranberry marshes.

+ Read More

SHAWANO COUNTY - One person died when an explosion leveled a home in Shawano county early Thursday morning.

The Shawano County Sheriff's Department says 54 year old Diane Pickett was found dead in the remains of the house.

A second person who lived at the house was out of town when the explosion happened.

+ Read More

MADISON - Update:  8/18/17,  5:10pm

The Wisconsin state Assembly has passed a $3 billion tax break package for Taiwan-based electronics giant Foxconn Technology Group.

The bipartisan vote Thursday now sends the bill to the Senate, where it must also pass in identical form before it goes to Republican Gov. Scott Walker.

+ Read More

LAWRENCE, WI - A man accused of driving a vehicle that struck and killed a mother and daughter as they walked along a road in Lawrence has been charged in the case.

Authorities say 46-year-old David Meyer, of De Pere, is charged with two counts of homicide by intoxicated use of a vehicle. He is being held on $50,000 cash bond.

+ Read More
+ More General News
Search: 





Click Here