May 20, 2015 at 5:03 p.m.
Three Lakes man charged with providing drugs to students
Three Lakes man charged with providing drugs to students
Joseph F. Fitzpatrick, who is described in the complaint as having been member of the coaching staff for the school wrestling team, made his initial appearance in Oneida County Circuit Court Tuesday afternoon to answer to charges of manufacture or delivery of THC under 200 grams (distribution to minors, possession with intent to deliver or distribute a controlled substance on or near a school), delivery of schedule I or II narcotics (distribution to minors), maintaining a drug trafficking place, sexual assault of a child under 16 years of age, selling alcohol to underage person, contributing to the delinquency of a child and manufacture or delivery of THC under 200 grams (distribution to minors). Of those seven counts, only the contributing to the delinquency of a child charge is a misdemeanor. The selling alcohol to a minor charge is a forfeiture action.
Several of the felonies carry either the enhancer for distributing to a minor under 17 who is at least three years his junior and/or the enhancer for committing a drug-related crime within 1,000 yards of a school. Those enhancers could add up to an additional 15 years to any prison sentence Fitzpatrick could receive if convicted.
According to the police report attached to the criminal complaint, the Three Lakes Police Department first became aware of Fitzpatrick's alleged activities at his house on April 24 when a student was caught with marijuana at the high school. During questioning by police, the girl said Fitzpatrick was the source of the marijuana and that he had also had sexual contact with her. Upon further investigation, seven other teens, between the ages 14 and 16, also reported receiving marijuana, alcohol and the painkiller Vicodin from Fitzpatrick, both at his home and at the high school. It is alleged that not only did Fitzpatrick provide the drugs, drug paraphernalia and alcohol to the minors, he also consumed it with them on numerous occasions.
When investigators from the TLPD and Oneida County Sheriff's Office tried to question Fitzpatrick with his attorney Gary Cirilli, the request was denied.
Due to a medical problem, Fitzpatrick was taken to Ministry St. Mary's Hospital May 15 and was later transferred to Aspirus Hospital Wausau for treatment. He was medically cleared on May 18 and transported to the Oneida County Jail that afternoon.
Oneida County District Attorney Michael Schiek said while Fitzpatrick doesn't have a criminal record, the gravity of the charges would normally warrant a high cash bond.
"However, I spoke with the jail today, and there have been some concerns about the defendant's health," Schiek said. "He does have some sort of heart monitor attached to him. In talking to the physician at the jail, there is some technology involved where this apparatus is attached to a cellphone signal that needs to be forwarded to another facility that in a sense, tells it what to do. I've been told that the defendant is at risk to have a stroke or heart attack. For those reasons, judge, I don't think it would be in the county's best interest to house the defendant at this time."
Because of the severity of the charges, he recommended O'Melia set a high signature bond and, as a condition, place Fitzpatrick under house arrest. He is also not to have contact with any minors, not consume alcohol and not go upon school property.
"I have been advised that the school itself has taken steps to prohibit him from coming back on school property," Schiek said.
Cirilli said Fitzpatrick has been in and out of the hospital several times in the last four weeks for a "serious heart condition." He also noted Fitzpatrick's residence in Three Lakes is paid off and thus he has ties to the area. He also mentioned Fitzpatrick does not have so much as a traffic ticket on his record.
Under questioning from O'Melia, Cirilli said that if released from jail, Fitzpatrick would live alone at his house and that he has no family in the area.
"I recognize that these charges are serious, judge, but at this point, I recommend that a signature bond is sufficient to ensure his future court appearances," Cirilli said.
"But, if not for his medical condition, this would be a cash bond case," O'Melia replied. "And I understand that it would cause the jail some issues."
O'Melia asked Schiek if the jail could electronically monitor Fitzpatrick, but the prosecutor was uncertain.
O'Melia then followed Schiek's bond recommendation, allowing Fitzpatrick to sign a $1,500 signature bond, with the conditions that he not have contact with minors, not consume alcohol anywhere, not go on any school property anywhere and be confined to his home under house arrest except for purposes of court, medical treatment, and to purchase groceries.
He asked Schiek to check into the feasibility of placing Fitzpatrick on electronic monitoring.
"My goal would be to be able to monitor him electronically so we would know where he is going if he did leave the residence," O'Melia said.
O'Melia set the matter for a preliminary hearing May 27 after Cirilli entered not guilty pleas on his client's behalf.
If convicted of all five felonies, Fitzpatrick faces up to a maximum of 65 1/2 years in prison before the enhancers are factored into the sentence.
Jamie Taylor may be reached at [email protected].
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