July 15, 2016 at 5:20 p.m.
Rhinelander man spared prison time in meth case
Rhinelander man spared prison time in meth case
Richard C. Nitschke was arrested with four other people Jan. 14, 2015 for manufacturing meth in Minocqua and Rhinelander. By the time he was done accumulating cases in January 2015, he faced a total of 15 felony charges and three misdemeanors.
Nitschke, along with Andrea D. Healy, 49, was arrested by members of the Oneida County sheriff's office, along with members of the Rhinelander Police Department, the Northcentral Drug Enforcement Group (NORDEG), and the Wisconsin Department of Justice, after a search warrant was executed on their residence. It was alleged Nitschke and Healy were the "main players" in a meth-making operation that also led to the arrests of Jute Handrick, 25, Ronald Ross, Jr., 29, of Woodruff and Andi Hansen, 27, of Lac du Flambeau.
Nitschke was initially charged with manufacturing methamphetamine (as a party to a crime), delivery of methamphetamine (as a party to a crime), possession of materials for manufacturing methamphetamine (as a party to a crime), maintaining a drug trafficking place (as a party to a crime), knowingly solicit, direct or use another person to purchase pseudoephedrine and disposal of waste from manufacture of methamphetamine - first offense (as a party to a crime), all felonies, along with misdemeanor bail jumping.
Healy's initial charges were manufacturing methamphetamine (as a party to a crime), delivery of methamphetamine (as a party to a crime), possession of materials for manufacturing methamphetamine (as a party to a crime), maintaining a drug trafficking place (as a party to a crime), knowingly solicit, direct or use another person to purchase pseudoephedrine and disposal of waste from manufacture of methamphetamine - first offense (as a party to a crime), all of which are felonies.
On May 15, 2015 the couple were arrested again on drug charges as the result of an ongoing investigation by NORDEG and local law enforcement. In that case, they were accused of making meth using the "Shake and Bake" method.
Nitschke and Healy appeared before Branch I Judge Patrick O'Melia on the new charges. He revoked the cash bond previously set by Branch II Judge Michael Bloom, set a $10,000 cash bond for them in the new case and transferred the cases to Bloom's court.
Nitschke was brought back before O'Melia on May 19, 2015 on four more felony charges and a misdemeanor bail jumping charge. O'Melia set an additional $5,000 cash bond and transferred the new case to Bloom's court.
As the now joint cases against Nitschke moved through the system, he was eventually charged with four counts of felony bail jumping on Nov. 2, 2015. Bloom added a $1,000 cash bond on those charges.
On June 23, the two told Bloom they would be accepting plea agreements to resolve their cases. They formally entered no contest pleas on July 8. Healy is scheduled to be sentenced Sept. 7.
At Nitschke's sentencing Wednesday, Deb Smith of the Department of Social Services and the defendant's brother John gave statements in support of the plea agreement, which resulted in many of the felony charges being dismissed but read into the record. Nitschke pled no contest to five felony drug charges, but Bloom accepted the deferred entry of judgement on those charges.
While the second arrest shows that Nitschke has an addiction problem, assistant district attorney Mary Sowinski noted he and Nealy were making drug for their personal use, not selling it.
She also said negative drug test results dating back many months that the defense submitted are evidence Nitschke is serious about staying clean.
She also said Nitschke intends to move out of the area, which would be good for his continued sobriety.
"Continuing to associate with the people Mr. Nitschke chose to associate with in this area would not be to his advantage," Sowinski said. "Perhaps a fresh start in a new community would be to his advantage."
Defense counsel Cory Mehlos noted that Nitschke has been unable to secure employment while the cases were pending.
He echoed what his client's brother told Bloom that this left Nitschke depressed and all but bankrupt.
He said his client wants to become a contributing member of society and support Healy and her child, despite having "no obligation of doing so." He also sought out counseling for treatment of his addiction and family issues before being ordered to by the court.
"Relapse is a part of that process, as they say," Mehlos said of Nitschke's second arrest.
"Mr. Nitschke still has a lot of potential," he added.
Nitschke apologized for his actions, and said his intent to remain drug-free is sincere. He added that he wants to again become a "good person in society."
"This case is an excellent illustration of what happens to someone who becomes addicted to methamphetamine," Bloom said, noting that the DEJ would last for four years during which time Nitschke would have to remain not only drug-free, but avoid breaking any laws.
If he fails to do so, he could face prison.
On the matter of the bail money that Nitschke paid for himself and Healy that was revoked, Bloom had previously ruled that in those cases where the bond was not only forfeited but an order of judgment for such had also been ordered, that money was already gone.
In those cases where no formal order had been filed for forfeiture, the money would be used to pay the costs in the various cases and the remainder returned to the defendant, he said.
"Oneida County is $10,000 richer because of you," Bloom said.
He then sentenced Nitschke to serve 60 days in jail with Huber privileges on the three bail jumping charges and accepted the four-year deferred entry of judgment on the felonies.
Jamie Taylor may be reached at [email protected].
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