July 26, 2017 at 4:36 p.m.
Former Rhinelander woman gets probation, DEJ in drug theft case
Former Rhinelander woman gets probation, DEJ in drug theft case
Megan J. Birginal was charged June 1, 2016 with two counts each of possession of narcotic drugs, theft of movable property (special facts) and a single count of intentionally subjecting an at risk individual to abuse (not likely to cause bodily harm), all but the last being felony charges.
According to the criminal complaint, two members of the Northcentral Drug Enforcement Group (NORDEG), acting on a confidential tip, assisted the Oneida County Department of Social Services in investigating whether Birginal and Ryan J. Singer had been diverting for their own use pain medications prescribed to a terminally ill cancer patient in their care.
In an interview with investigators on May 19, 2016, Singer admitted that he and Birginal had taken some oxycodone prescribed to the victim, but claimed the man had willingly given them the drugs. In an interview on May 23, Birginal also admitted to investigators that she had taken some of the painkillers.
Singer was also charged with two counts of theft of movable property, one count of possession of narcotic drugs and intentionally subjecting an at risk individual to abuse (not likely to cause bodily harm) on June 1, 2016. He reached a plea agreement on Feb. 21 which involved him pleading no contest to a misdemeanor count of theft of movable property under $2,500 and the felony charge of possession of narcotic drugs. Branch I judge Patrick O'Melia sentenced him to one year of probation and gave him a delayed entry of judgment for two years on the felony charge. The remaining charges were dismissed.
Birginal's case was originally scheduled for a three-day jury trial set to start on Wednesday, but that changed on June 19 when her attorney Mary Burns and assistant district attorney Jillian Pfeifer were able to reach a plea agreement. Her plea deal is similar to Singer's, with the sentencing recommendation being for two years of probation on two misdemeanor counts and a 3.5-year delayed entry of judgment on a single count of theft of movable property (special facts).
In court Tuesday, Pfeifer told O'Melia that Birginal has no prior criminal history and has been undergoing treatment for her addiction to painkillers.
"The DEJ extends a year and a half beyond the probation, which I feel is appropriate because that will see how the defendant does when she is not subject to extended supervision by the probation office," Pfeifer said.
In the 15 months she has been handling her case, Burns said Birginal has gotten her life back on track. Not only has she gotten off drugs, she has moved to Plover where she has resumed her college education and has obtained employment, her attorney said.
Burns said Birginal moved to Plover to get away from the "negative contacts" in the Rhinelander area that were making her addiction recovery more difficult.
"She really needs to keep going on this path that she has managed to accomplish," Burns said.
O'Melia expressed reservations about Birginal's fiancee having addiction issues, and that Birginal was taking oxycodone from someone she was taking care of who was in the end stages of cancer.
"But it doesn't appear that he (the victim) was denied medication, that you and Singer were taking medication after providing him with the medication," O'Melia said. "So the circumstances are dire, but one thing in your favor - and it's a big thing - is your lack of a prior criminal record at 29 years old. Does that mean you haven't committed a felony? No, because of your addiction, I'm sure you have over the years, but you've not been convicted, you've not been on probation, you've not had supervision, at least not as an adult."
He also noted that Birginal has been clean and sober for over a year and was again pursuing a higher education as positive factors in her favor. He then went along with the sentencing recommendation in the plea agreement.
"Even after probation, you are going to be on this agreement for another year and a half, you understand that? You'll be on the conditions of bond, you understand that," O'Melia asked her. "I'm just worried that three years from now, who is monitoring this?"
Burns suggested that review dates could be set during the DEJ period. Pfeifer suggested requiring a review hearing at the end as a condition of Birginal's release from probation.
O'Melia agreed to the condition.
"To be honest, if you make it through two years, and don't get revoked, I'm a little more confident with the remaining year and a half," he said. "Because if you are going to spiral out of control, it is going to happen well before that. And you have a good head-start, but it's not done yet."
Jamie Taylor may be reached at [email protected].
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