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

RHINELANDER - Rhinelander's Highway 8 is finally getting its long-awaited renovation.

Beginning this week, construction will begin along two busy intersections on Rhinelander's busy bypass.

Michael Wendt, the Department of Transportation project development supervisor said, "This is probably something we should have done a little while ago, but it takes some time to get these projects going.

Construction at Highway G and 17 South started this week, and crews will lay new surface and install new stoplight sensors. 

+ Read More

Play Video

RHINELANDER - It is the final countdown to the start of the school year. 

In just two days, school buses will be filled with kids, ready and eager to learn.

Before the buses get flooded with kids, United Way wants to stuff the bus with donated school items, so every kid can start the school year with a full backpack.

+ Read More

Play Video

WAUSAU - After struggling for a few years, Wausau's mayor hopes new management and building changes will revitalize the Wausau Center Mall.

On Tuesday, Mayor Robert Mielke announced in a press conference that Mid America Asset Management will take over management of the mall. Mielke says Mid America will focus on new marketing, maintenance, and leasing new tenants.

+ Read More

MADISON - The state Elections Commission has approved mailing postcards to more than a million unregistered voters urging them to get on the rolls.

Legislators passed a law earlier this year requiring Wisconsin to join a multi-state consortium called the Electronic Registration Information Center, which works to identify eligible voters who haven't registered. ERIC requires member states to reach out before Oct. 1 every two years to eligible voters who may not be registered.

+ Read More

Play Video

MINOCQUA - Three local cyclists planned to bike in the Ride Across Wisconsin event just for fun this year, but a few days before the ride, a good friend of theirs became unexplainably sick. In that moment, the purpose of their ride changed.

"This is nothing. This is a day. This is an hour, a minute that I can keep going," said cyclist Connie Trapp.

For Trapp, riding 178 miles was a small hurdle compared to the struggle of a close friend.

"Just having somebody to ride it for and be encouraged that you're doing it for someone else besides yourself really helped," said Trapp.

+ Read More

Play Video

WOODRUFF - The amount of blood donations usually drops during the summer, but this summer has been particularly challenging in northern Wisconsin.

"Over the course of the summer, our blood supply has declined considerably. It has dropped 35 percent over the course of the summer, and it is approaching dangerously low levels," said Community Blood Center Donor Services Vice President Kristine Belanger.

+ Read More

Play Video

MERCER - This year, almost 40 northern Wisconsin communities formally expressed interest in becoming the new home of the DNR's state forestry headquarters. But there's a chance the headquarters stay right where they are--in Madison.

+ Read More
+ More General News
Search: 




Click Here