Lariviere convicted of reckless homicide

Just shy of two years ago, 29-year-old Kyle Polinski spent a moment in his driveway in the Town of Pelican purchasing what he thought were Percocet pills from a couple in a beat-up Cadillac Escalade. The next morning, his mother found him dead. A piece of tinfoil and a lighter, common implements of drug use, were by his side.

Late Friday evening, an Oneida County jury found 25-year-old Jasmine Lariviere of Rhinelander guilty of delivering the pills, which actually contained the dangerous synthetic opioid Fentanyl rather than the prescription painkiller Polinski was seeking. The verdict — guilty of first-degree reckless homicide (drug delivery) as well two counts of felony bail jumping and possession of Fentanyl with the intent to deliver — came after the jury heard four days of testimony from several investigators, a forensic pathologist, state crime lab analysts and the 25-year-old man who is serving a prison sentence for his part in the fatal transaction.

Malik I. Jones told the jury of six men and six women that he and Lariviere regularly traveled from the Rhinelander area to Green Bay to obtain drugs to sell to customers in the Northwoods. 

Jones testified that he and Lariviere purchased pills from a supplier known as “Cakes” on April 17, 2022 and traveled to Polinski’s house to deliver the order.

A few days later, they learned via Facebook that Polinski had died due to a fatal overdose, but that didn’t put an end to the trips to Green Bay. Approximately two weeks later, the two were arrested in Oneida County after returning from another visit to their “vendors”. 

The pair were charged with reckless homicide-drug delivery, as party to the crime, in September 2022, after the state crime lab determined that Polinski died of Fentanyl toxicity.

Last April, Jones resolved his case by entering into a plea agreement with the state. 

He is serving a 3 1/2-year prison sentence to be followed by eight years extended supervision. 

Meanwhile, Lariviere has been free on bail, her case delayed by a judicial retirement and election.

In her closing argument, assistant district attorney Mary Sowinski told the jury that Jones and Lariviere were “a team” in the drug-dealing business but Lariviere was the more sophisticated half.

While Jones dropped out of high school, Sowinski referred to Lariviere as a “cool customer” who “knows how to make a sale.”

The prosecutor argued it’s clear that the couple knew the pills they delivered to Polinski were not actually Percocet, as they were purchased from their supplier at an unrealistically low price.

“It mattered what the price was and (the pills) needed to be cheap and the only way they would be cheap is if they had Fentanyl in them,” the prosecutor explained.

She also took the jury through evidence obtained from Lariviere’s Snapchat account, including messages to and from Polinski regarding the cost and number of pills to be purchased.

“She was in sales,” Sowinski said of Lariviere. “Her (Snapchat) messages make it clear she was about the price. If he could buy six (pills) she would give him a free one.”

“If there’s anyone here who thinks that Ms. Lariviere was just along for the ride, I’m sorry but you haven’t been paying attention,” she added, referencing the price negotiations outlined in the Snapchat messages.

While Jones did initially reference other people in his post-arrest interview with investigators, in a misguided attempt to protect Lariviere and potentially get himself out of trouble, he came clean when confronted by the Snapchat messages, she added.

Also referenced was Lariviere’s interview with police following her arrest, which Sowinski characterized as an attempt to use her sales skills.

The jury was shown the entire interview, which included moments where a chatty and giggly Lariviere offered to participate in a controlled drug buy or otherwise provide the officers with information on others if it would help get her out of trouble.

“She walked into that room to make a sale,” Sowinski said. 

In his closing argument, defense attorney Antoni Apollo argued it was Jones who was trying to “soften the blow” for himself by cooperating with the state. 

He also argued that Jones’ version of events could not be trusted because his brain was so compromised by the use of substances that he truly doesn’t know what actually happened.

Defense counsel also noted that approximately 12-14 hours passed between the driveway transaction and when Polinski’s body was found. He implied that someone else could have brought pills to Polinski or he may have left the residence in search of drugs.

He repeatedly noted that the state must prove every element of the crimes charged and asked the panel to carefully review the evidence and determine whether each of those elements was actually proven beyond a reasonable doubt.

In rebuttal, Sowinski returned to theme of Lariviere as a salesperson.

The defendant was trying to “sell” the jury, she warned, stressing that Lariviere admitted her culpability in the police interview.

“Her words, ‘this is my fault,’” the prosecutor said. “This is my fault. If you remember nothing else when you go back into that jury room, in terms of all of the testimony you’ve heard over the last couple of days, that’s the line you need to remember.”

“I think you get the point, ladies and gentlemen,” Sowinski concluded. “Don’t let her make another sale.”

The jury deliberated for approximately one hour before returning guilty verdicts on all counts. 

Lariviere was immediately taken into custody pending sentencing to be scheduled at a later date.

The reckless homicide charge alone carries a maximum sentence of 40 years in prison. 

Heather Schaefer may be reached at [email protected].