WORTHINGTON - A Wisconsin man was sentenced to 90 days in jail after being convicted of transporting approximately 14 pounds of marijuana, which he claimed was intended for personal use, through Nobles County in August 2017.
Robert Dutcher, 43, of Milwaukee, Wis. received a stay of imposition on a fifth-degree drug sale charge. The felony-level offense may be recorded as a misdemeanor conviction if Dutcher is compliant with the conditions of his five-year supervised probationary term.
Fifth Judicial District Judge Gordon Moore divided the 90-day jail sentence into three 30-day terms. The first and second - which are scheduled to commence on Nov. 1 and continue on the one-year anniversary - must be served, but the third is abatable with a recommendation from probation.
Dutcher was also ordered to pay a $700 fine, which may be satisfied by completion of community service. Moore also imposed the sentence with consideration to what he identified as Dutcher’s cooperation, zero criminal history score and recent similar court cases cited during Monday’s sentencing.
Prior to determining Dutcher’s sentence, Moore, Dutcher and his defense attorney discussed Dutcher’s physical condition and health concerns. Citing multiple neck, back and stomach surgeries, Dutcher acknowledged that transporting the illegal substance was wrong and that he’d satisfy any imposed sentence, but asked Moore to take some leniency with him.
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“I guarantee you’ll never see my name in the books again,” Dutcher said.
Moore asked Dutcher if his drug trafficking was the result of self-medicating.
“To me, pain medication is like poison,” Dutcher said. “Right after surgery it’s OK, but then (a person) depends on it.”
Moore suggested that Dutcher seek out more legal ways of getting necessary medication.
“Get something prescribed rather than dealing in the black market - that’s what gets people in trouble,” he said.
