WASHBURN COUNTY -- The Court has sentenced Brien Drain on meth-related convictions; Drain was one of two people charged following a Washburn County drug investigation.
The Court has sentenced Brien Drain on convictions for meth-related charges stemming from a Washburn County drug investigation. A second person, Gregory Visger, also received meth-related charges and convictions from the case.
According to criminal complaints filed in Washburn County Circuit Court against Drain and Visger, law enforcement conducted controlled buys during the course of the investigation with at least one of the purchases occurring at Drain’s property on Highway 70, and one at Visger’s property on County A.
On January 14, 2021, law enforcement executed a search warrant at Visger’s property which led to the discovery of a digital scale, over 2 grams of methamphetamine, marijuana, multiple used gem bags, and numerous items of drug paraphernalia.
A second search warrant was executed at Drain’s property and law enforcement located numerous items of drug paraphernalia, several dozen Methylphenidate Hydrochloride pills, 4 grams of methamphetamine, and multiple items of drug paraphernalia.
Drain was charged with Class E Felony Delivery of Methamphetamine (more than 3 grams); Class F Felony Delivery of Methamphetamine (3 grams or less); Class E Felony Possession with Intent to Deliver Methamphetamine; Class H Felony Possession with Intent to Deliver Methylphenidate Hydrochloride; and Misdemeanor Possession of Drug Paraphernalia. All the charges filed against Drain were filed with a penalty enhancer for Repeat Offender due to prior felony convictions.
Online circuit court records show that the case against Drain was scheduled for a Jury Trial on March 31, 2022, however, at a hearing in February 2022, Drain entered a plea of guilty to a charge of Class E Felony Delivery of Methamphetamine (more than 3 grams). The remaining charges against Drain were dismissed but read in.
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Drain appeared most recently on March 30, 2022, for a sentencing hearing. The Hon. Angeline E. Winton heard from Washburn County District Attorney Aaron Marcoux who recommended a 6-year sentence with 3 years of initial confinement followed by 3 years of extended supervision. Defense counsel for Drain recommended an imposed and stayed sentence with probation.
Judge Winton ordered Drain to serve a 6-year sentence on his conviction, with 3 years of initial confinement followed by 3 years of extended supervision.
Conditions of supervision will require Drain to maintain absolute sobriety, and he will be prohibited from having any contact with drug users or dealers or consuming or possessing any controlled substances unless prescribed.
Visger was charged with Class I Felony Maintaining a Drug Trafficking Place; Class I Felony Possession of Methamphetamine; Misdemeanor Possession of THC; and Misdemeanor Possession of Drug Paraphernalia.
Online court records show that at a previous hearing in June 2021, Judge Winton ordered a withheld sentence for Visger with 36 months of probation.
Conditions of probation require Visger to undergo an Alcohol and Other Drug Assessment and COMPASS evaluation and maintain absolute sobriety and he is prohibited from consuming or possessing any controlled substances unless prescribed.