A woman charged for felony delivery of methamphetamine in Barron County has been sentenced by the Court.
Alysha Bolin received criminal charges in 2017 following an investigation in which an informant working with law enforcement participated in “controlled buys” of methamphetamine from Bolin.
According to the criminal complaint filed against Bolin an informant assisted Barron County law enforcement with the completion of controlled buys of illegal substances including methamphetamine from Bolin. A search was obtained by law enforcement and executed at the Barron County residence where Bolin was living. During the execution of the search warrant, digital scales were found along with packages of unused small, clear ‘gem’ bags. Bolin was located in a vehicle and a small ‘gem’ bag containing methamphetamine was found in Bolin’s purse.
A jury trial had been scheduled for October on Bolin’s charges, however, on October 20, 2017, Bolin appeared for a plea hearing and entered a plea of guilty to her charge of Class E Felony Delivery of Methamphetamine. Additional charges filed against her for Class I Felony Maintain Drug Trafficking Place, Class I Felony Possession of Methamphetamine, and 2 counts of Misdemeanor Possess Drug Paraphernalia were dismissed but read in by the Court for sentencing.
Online circuit court records show that Bolin appeared in Barron County Circuit Court on February 2, 2018, for a sentencing hearing on her charges. The Court ordered an Imposed and Stayed sentence of 5 years: 3 years of initial confinement in prison followed by 2 years of extended supervision.
According to the Wisconsin Voice website, an Imposed and Stayed Sentence means that the Court does not immediately impose the confinement portion of the sentence, but instead places the individuals under the supervision of the Wisconsin Department of Corrections for a period of time. If an individual violates this supervision (for example, by not abiding by their conditions of supervision), they can then be sent immediately to prison for the term imposed at the time of sentencing.
For Bolin, the Court ordered 3 years of immediate supervision by a Probation agent, with conditions to be followed. Bolin was ordered to complete any and all evaluations, counseling, treatment, and follow-up recommended by her Probation agent.
Online circuit court records show that a Rice Lake man, Kevin Spooner, named in the criminal complaint filed against Bolin, is set to be sentenced later this month regarding his felony methamphetamine-related charges filed in Barron County Circuit Court stemming from the same time frame as Bolin’s charges.
Pursuant to the direction of the Wisconsin Supreme Court, as found in Supreme Court Rule 20:3.6, Trial Publicly, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Jury Trial Scheduled for Woman Charged with Drug Trafficking in Rice Lake
Thursday, September 7, 2017 | Ben Dryden
A Jury Trial has been scheduled for October 24, 2017 in Barron County Circuit Court for a woman charged with Class I Felony Maintaining a Drug Trafficking Place in Rice Lake, WI and Class E Felony Delivery of Methamphetamine (more than 3 grams, but not more than 10 grams), as well as Class I Felony Possession of Methamphetamine, and 2 counts of Misdemeanor Possession of Drug Paraphernalia.
DrydenWire.com reported on August 3, 2017, that Alysha Bolin has been charged criminally in Barron County Circuit Court following an investigation which revealed that she was allegedly trafficking controlled substances in the City of Rice Lake.
Bolin appeared in Barron County Circuit Court on August 30, 2017, and a warrant for her arrest was quashed.
A Jury Trial has been scheduled for October 24, 2017, on Bolin's charges which stem from information received by the Barron County Sheriff's Department with the assistance of an informant who cooperated in the completion of controlled buys of illegal substances including methamphetamine from Bolin.
When law enforcement executed a search warrant at the residence where Bolin was living, they reportedly found digital scales and packages of unused small, clear bags (gem bags) known to be used in the packaging of controlled substances for distribution. Law enforcement later made contact with Bolin and located a purse on the passenger seat of the vehicle which Bolin was in. A small, re-sealable gem bag containing methamphetamine was found inside the purse, which also contained Bolin's identification (See full story).
Charges of Class E Felony Possession with Intent – Amphetamine (more than 3 grams, but not more than 10 grams), Class I Felony Possession with Intent – Marijuana (less than or equal to 200 grams), and 2 counts of Misdemeanor Possession of Drug Paraphernalia were also filed against Kevin Spooner, of Rice Lake, WI, for his alleged involvement in the trafficking.
'Controlled Buy' Leads to Woman Charged with Maintaining Drug Trafficking Place in Rice Lake
Thursday, August 3, 2017 | by Ben Dryden
An investigation by the Barron County Sheriff's Department has uncovered a drug trafficking house in the City of Rice Lake.
A criminal complaint has been filed in Barron County Circuit Court against Alysha Bolin, charging her with Class E Felony Delivery of Methamphetamine (more than 3 grams, but not more than 10 grams), Class I Felony Maintaining a Drug Trafficking Place, Class I Felony Possession of Methamphetamine, and 2 counts of Misdemeanor Possession of Drug Paraphernalia.
An informant was assisting the Barron County Sheriff's Department, according to the criminal complaint, and throughout the course of the investigation, this informant made contact with Alysha Bolin who reportedly completed the sale of methamphetamine to this informant.
On July 20, 2017, the informant contacted another individual, identified in the criminal complaint as Jeffrey Murphy, who had the informant bring them to a residence on Galahad Lane in Rice Lake, WI to meet with Murphy's source for methamphetamine; later identified by law enforcement as Alysha Bolin.
Bolin allegedly told Murphy that she needed to locate the requested amount of methamphetamine and that they would have to wait until she did. Later in the evening on July 20, Bolin had Murphy and the informant come back to Galahad Lane and pick her up, at which time she then directed them to take her to the Andersen Trailer Court to a residence which law enforcement reportedly knows to belong to Kevin Spooner.
Bolin went into Spooner's residence and when she came out, all 3 went back to the residence on Galahad Lane. At that time, Murphy and Bolin allegedly went inside to weigh the methamphetamine. The criminal complaint goes on to state that the informant was advised that he would only be able to purchase 1/8 ounce of methamphetamine for $250. The sale was completed, and the informant left the area and then made contact with law enforcement.
Murphy was interviewed by law enforcement on the next day, July 21. During the interview, Murphy reportedly identified Bolin from photographs as the source of the methamphetamine that he had provided to the informant on the previous day. He further stated to law enforcement that he met Bolin approximately one year prior and that he had purchased methamphetamine from her on 10-12 occasions. Murphy also reported to law enforcement that Bolin had called him on one occasion, “freaking out” because a package of drugs she had ordered through the mail had been reported to her as being intercepted and she wanted to know what he thought she should do.
Law enforcement conducted a search warrant at the residence on Galahad Lane on July 26, 2017.
During the search warrant, law enforcement located digital scales and packages of unused small, clear bags (gem bags) known to be used in the packaging of controlled substances for distribution. Bolin was not at the residence at the time of the search warrant, according to the criminal complaint, however, she was stopped by law enforcement when she arrived back there. A purse was found on the passenger seat of the vehicle which Bolin was in when she was stopped, and a small, re-sealable gem bag containing methamphetamine was found inside the purse, which also contained Bolin's identification.
A criminal complaint against Kevin Spooner was also filed in Barron County Circuit Court on July 26, 2017 with an offense date of July 25, 2017, charging him with Class E Felony Possession with Intent – Amphetamine (more than 3 grams, but not more than 10 grams), Class I Felony Possession with Intent – Marijuana (less than or equal to 200 grams), and 2 counts of Misdemeanor Possession of Drug Paraphernalia. It is unknown to DrydenWire.com at this time if charges will be filed against Murphy.
Public record indicates that Bolin and Spooner are both under the conditions of signature bonds for their criminal charges. Bolin appeared in Barron County Circuit Court on August 2, 2017, for a preliminary examination hearing and the Court found probable cause for her criminal charges. She is scheduled to appear again later in the month of August. Spooner appeared for a preliminary examination hearing on August 3, 2017, and the Court also found probable cause for his criminal charges. Spooner is set to appear again on his charges in September 2017.
DrydenWire.com reached out to our legal contributor, area attorney Joseph Schieffer, for insight on this type of case.
While the title of the offense of keeping or maintaining a drug trafficking place conjures up images of a residence where the sole purpose is the storage, manufacturing, or delivery of controlled substances, the State is not required to prove any kind of a pattern or predominant use of a building to charge or obtain a guilty verdict under the aforementioned offense. In Wisconsin, the prosecution must prove that the defendant kept or maintained a structure or place, that the place was used for manufacturing, delivery, or storage (keeping) of a controlled substance, and that the defendant kept or maintained the place knowingly. As one can tell from the above, the word “delivery” is singular indicating that the state does not have to prove multiple deliveries but that evidence of one delivery may suffice. This is further confirmed in Wisconsin Jury Instruction 6037B where delivery is defined as “the transfer or attempt to transfer something from one person to another. However, keeping has been more narrowly defined that the State needs more than just “possession” for evidence of storage (keeping.) In the Wisconsin case State v. Brooks, the court held that "keeping" had to be defined in a way that distinguished it from mere possession under § 961.41(3): "We read into the noun 'keeping' in sec. 961.42(1) the requirement that the controlled substance be kept for the purpose of warehousing or storage for ultimate manufacture or delivery." 124 Wis.2d 349, 354 Further, the State need not prove ownership of a building but exercise control or management of the same.
About Attorney Joseph Schieffer: Joseph has formerly prosecuted cases in Barron & Washington counties in Wisconsin. Currently, he is a solo practitioner in Cumberland, Wisconsin specializing in criminal defense and civil litigation in Barron, Washburn, Rusk, Burnett, Sawyer, and surrounding counties. He can be reached at firstname.lastname@example.org with questions or comments.