(Kenosha County Sheriff)
On May 30, 2023, a Kenosha County Sheriff’s Deputy pulled over a car with three young adult occupants in Bristol. The trio drove about four hours to the state of Michigan to buy some marijuana. There was a Memorial Day sale and they wanted to stock up. It seemed like the three were casual marijuana smokers and THC users.
Law enforcement agencies throughout the county have told KCE that street marijuana is often laced with Fentanyl, so it makes sense that they would go to a state that regulates the drug and they know they won’t get a hot batch.
A 25-year-old Milwaukee man named Ruben Mizrain-Aguilar was sitting shotgun. His friend, Diego Perez-Ignacia, was driving and a friend of the two, Marisol Rodriguez, was sitting in the back passenger seat. On the front passenger floorboard of the vehicle, where Mizrain-Aguilar was seated, the deputy located a large white bag labeled “Cookies”, which is a common brand of THC cookies. On the floorboard where Rodriguez was seated, there were more THC products. Also located was a marijuana grinder.
All of the bags were bought at dispensaries in the Kalamazoo, MI area totaling about $3,000 between the three of them. The total amount in the vehicle was about 639 grams of THC. In all, about 22.5 ounces of THC. The driver waived his right to remain silent and told the deputy that he and his friends bought the THC for personal use. There were no scales, or any other type of distribution-related items found in the car, which would be common for drug-dealers.
Mizrain-Aguilar, Perez-Ignacia, and Rodriguez were all charged with “Possession with Intent to Distribute THC (more than 200 grams, but less than 1,000 grams) and Possession of Drug Paraphernalia for the marijuana grinder. The possession with intent charges were Class H felonies with a possible sentence of up to 6 years in prison.
Perez-Ignacia, and Rodriguez both took plea deals in which the paraphernalia charges were dismissed, but the felonies were reduced to Class I, meaning they faced a maximum sentence of 3.5 years in prison. Class I felonies are the least severe. Perez-Ignacia, and Rodriguez both got probation, the former, 18 months, and the latter, 12 months.
(File Photo by Kevin Mathewson, Kenosha County Eye)
Mizrain-Aguilar, seemingly told his attorney that he’s not taking the plea offer. He went to trial. After all, he didn’t buy the THC to sell, but to use. Using THC isn’t a felony in Wisconsin unless it’s your second or subsequent offense. Mizrain-Aguilar has a clean record, but the Kenosha County DA’s office wanted to brand him as a felon.
At trial, the jury hung at 7-“guilty,” and 5-“not guilty.” In Wisconsin, for a verdict to be valid, it must be unanimous. The possession of drug paraphernalia charge was a unanimous “not guilty” verdict. KCE was able to speak with one of the female jurors named “Willow”, who was on the “not guilty” side. She was gracious enough to give us her insight on the trial.
“We all agreed that [Mizrain-Aguilar] was definitely in possession. Sure. And that was proven by the state,” said Willow. “Where all of us had problems deciding on intent to deliver 200 grams or less or 200 grams or more, is the proof that the state had. It seemed like the state was really banking on the volume that was found in the car.”
Willow said the five jurors that found him “not guilty” because they weren’t convinced that Mizrain-Aguilar was going to resell the THC. Willow told KCE that during the Voir Dire section of the trial, the prosecutor brought up the plea deals of the other two co-defendants. That’s illegal, but Judge Gabriele, who presided over the trial is an ex prosecutor, usually allows the prosecution to do as they please. It should have resulted in a mistrial. It didn’t. Willow doesn’t want her tax dollars going towards another trial with the same evidence. “Some jurors did bring up the fact [that marijuana is legal in many states], there was one juror who vocalized their frustration with the fact that weed is illegal here.”
“Personally, I feel that there were a couple of jurors, two jurors, that are responsible for hanging the case, because they wanted to see him convicted of intent to deliver. And they, it was very strange, they accused the five of us of wanting to see them lose and to be stubborn, so that the five of us could win. You know, they just made it very combative,” said Willow.
The judge allowed for the Jury to have some other options, less serious options called “lesser includeds.” Intent to deliver over 200, intent to deliver under 200, and simple possession. “And the instructions were, if you do not agree on the intent to deliver over 200, deliberate about intent under two. If you do not agree on intent under two, deliberate about possession,” said Willow. At one point the jury was unanimous with finding Mizrain-Aguilar guilty of simple possession but she said two men on the jury then “changed” their vote to hang the jury. “Two people said that they were going to change, two people said that they would change their vote to not guilty for possession, because they would not accept anything less than intent to deliver,” Willow told KCE. “So in other words, they would have rather had a mistrial than him having just the misdemeanor instead of the felony.”
Opinion
Marijuana is legal for recreational purposes in 24 states and DC. For medicinal use, it’s 33 states and DC. It is no longer safe for potheads to buy pot on the street. These three made a safe, albeit illegal choice to cross state lines and buy THC that was sure to be free of Fentanyl or any other drugs that kill people. The Kenosha County District Attorney’s office made two otherwise law-abiding people into felons. Not this guy. Mizrain-Aguilar wanted his day in court. He got it. Kenosha might send a lot of people to prison, but for the wrong reasons. Do we want people who smoke weed in our prisons sucking off uncle Sam’s teet? I don’t. The three likely bought large quantities as to reduce the amount of times they had to make the illegal journey, not because they wanted to sell it for a profit. Does that even make sense? Buying marijuana at an inflated retail price and trying to resell it for more than that? It doesn’t make sense because they were not going to sell it. They tried a terrible case and they should NOT retry the case. Enough money was already spent on this failed trial. Don’t spend our money on another losing trial. You already extorted guilty pleas to two other individuals. That’s enough. ADA Lehman is not a bad prosecutor or person. In this case, he just showed bad judgement. KCE spoke with DA Mike Graveley (D) who told KCE that he will let Lehman decide on another trial or not. We spoke with Lehman who told us “I have not made any decision one way or the other. I am currently waiting on additional information before deciding.” Drew, do the right thing. Drop this case and move on. You did the best you could, but the facts weren’t on your side. Retrying this case would be a terrible waste of my and your hard-earned money. Stick to violent crime and dangerous drugs.
90 Responses
Kenosha is more concerned about brown men with some pot, than they are a white man who embezzled 10’s of thousands of dollars from a charity intended to feed the poor.
Color me surprised 🙄
Talk to the DA. The officers did their jobs.
Heeeeereee we go with the mythical race-baiting LMAO
Definingly not mythical
What part of that statement is mythical?
Mexican guys being prosecuted for pot?
Kenosha DA: 😃💯✔️
Andy Berg prosecuted for embezzling?Kenosha DA: 🙅♂️🙂↔️👎🏻
Don’t mess with Captain Hard 🙂
The truly wild part about this, is the way minorities tend to flock to the left. They aren’t even paying attention to situations like this, where one white dude is giving a wink-nod to another white dude, while minorities fill the court system.
Serious crimes need to be prosecuted regardless of skin color or political affiliation.
Vote Republican.
You mean Sgt . Hard ?
Didn’t like that comment , Andy ?
Hey man,
I’m innocent until proven guilty
Obviously no intention of paying retail and expecting to turn a profit. Plus mileage.
Unless they were under the influence, or got caught selling to minors, I do not see a crime here.
About as stupid as driving a few miles south and having your WI CCW permit be invalid.
Except it has absolutely nothing to do with concealed carry laws. Each state gets to make their own requirements, and while it is fortunate that Wisconsin shows to stay with the spirit of the law and that set up unreasonable impediments to ownership and carrying, it makes complete sense that just to the south of us, states rights makes it perfectly legal to not accept our less restrictive CCW requirements.
It has everything to do with two states w/ such close proximity
having two completely different laws when so many people
spend so much time in both states every day.
It’s called an analogy, dumbass.
It’s simple. Legalize it and stop wasting taxpayer time and money on this.
I’d rather not have a bunch of low-life’s roaming around. Keep that sh*t in IL.
So your a low life if you smoke weed interesting
Yep
Im grown i have a very professional job and have been smoking for 30+ years never been a low life in my life and I’ve raised Children that own their own businesses so quit assuming because its dumb folks like yourself that are ruining this country.
Doubt you’re very bright as you cannot even proofread what you write.
(I even rhymed for you)
At least he’s not a dick like you.
I guess Elon Musk is a low-life and doesn’t have a job?
Yep
You’re a bitch for real
You forgot the period at the end of your sentence above.
Frfr. They got on the grammar Nazi bit like it’s a defense for their terrible attitude. They can get bent while my stoner ass is missed with that bull. There, I even used punctuation.
America is rotten
Troll on, troll.
Yeah I know can you believe these podunk states still haven’t legalized it??!?
How about they concentrate more on people like Trenton kmiec, and the pedophiles that are in our schools, than the pot heads, just legalize that crap already, there is more real crap to be worried about than this
Oh come on now.
According to court documents, Padlock became a drug smuggler to earn money so she could become an international language instructor. Police stopped her and a friend as they were driving through Minnesota in 2015 and discovered 114 pounds of marijuana in their vehicle that they were moving from Oregon to Wisconsin. Police also discovered $30,000 in her house that she had been paid for the job.
Padlock was charged with two felony drug counts. The charges were reduced to one count of misdemeanor marijuana possession. She was sentenced to three days in jail, placed on probation for two years and ordered to pay a $30,000 forfeiture.
What a joke !!
Oh man.. I totally remember that lol. Her and her friend that were caught are cute tho so obviously they aren’t criminals.
Wasn’t her dad fired from Wilmot for unknown reasons and then ushered out of town with no charges for his NEW life out east? I see some very similar family planning between Kmiec and Padlock.
They’ll want to legalize weed, then heroin then meth. All good ideas…not.
You’re an idiot.
So are people who want drugs legalized.
Marijuana is not a drug it is the plant it is not altered from its natural form to be used like meth and heroin you truly are an idiot
Only braindead idiots can’t differentiate between substances, so I guess you’re the braindead idiot, idiot. GTFO troll.
Well they let Kyle rittenhouse commit murder… but pot that’s gonna be legal everywhere in the US someday… come on.
Yep you can’t buy retail and expect to sell for more.
So quit wasting our tax dollars on this
You spelled self-defense wrong.
🤣🤣🤣
Call it what you want. In my book that will always be technical self defense that could be made if one had an intent to murder and wanted an opportunity for a legal excuse.. He killed a kid armed with with a skateboard! Fuck all of you 2A fuck heads and you’re dumb ass guns. You’re all evil. Hold it up like virtue all you want. Loud and ‘proud boys’. I know it’s evil and I know who the enemy is now. Thanks for nothing chudballs.
Cope harder, libtard.
Shut up groomer. You are what’s wrong with this country.
That came out of left field .
Here’s the mythical race-baiter again LMAO
Rittenhouse did not commit murder.
It was homicide by self defense.
Big difference dumbass.
Yeah the difference is he got himself an excuse! Still gotta deal with ending lives and maiming others. The effect is the same. I hope he got a lifetime of nightmares in exchange for his undeserved notoriety.
Next time someone tries to “cranium” you with a skate board, you lay down and take it. Don’t defend yourself.
Yet i see boxes of narcan all over the court house premises so lets give heroin users incentives but weed smokers time Stupid just dumb
I just want to clarify one point. The article states: “Law enforcement agencies throughout the county have told KCE that street marijuana is often laced with Fentanyl….”
In fact, the Wisconsin State Laboratory of Hygiene reports doing “an extensive query locally and nationally, which included crime lab drug chemistry units, toxicology, Customs and Border control, the DEA and public health. NONE of them are reporting THC laced with fentanyl. When we are seeing THC and fentanyl (and other opioids) in combination, it is because both substances were consumed.”
If THC were actually being laced with fentanyl, our streets would be lined with body bags because your typical THC user has built no tolerance to opioids. That means an overdose would be imminent since fentanyl is so lethal.
That’s NOT to say there aren’t presumptive positive field tests that law enforcement agencies are seeing; however, that’s all it is, a presumptive positive field test. To say it’s positive is inaccurate because ALL drug testing, even urine tests, need confirmations to substantiate the results.
Imagine if every presumptive positive urine test were reported as a positive. Naproxen, among a lot of other things, causes a positive THC reading that needs to be confirmed negative.
All drug tests need confirmation. If a confirmation hasn’t been completed, it’s only presumptive positive and cannot be reported.
Thanks for the space to address this!
The whole touching of fentanyl knocking cops out is totally false as well. There are no cops walking into a room tainted with fentanyl and passing out.
Agreed.
Guida Brown: So what’s your point? That it’s safe to buy weed off the street?
Ohhh, so sorry. I thought my point was clear. It is that “The Wisconsin State Laboratory of Hygiene reports doing ‘an extensive query locally and nationally, which included crime lab drug chemistry units, toxicology, Customs and Border control, the DEA and public health. NONE of them are reporting THC laced with fentanyl. When we are seeing THC and fentanyl (and other opioids) in combination, it is because both substances were consumed.’”
So again, besides a headline…what is your point? It is safe to purchase weed off the street? That is kind of the entire premise of this article…So should people travel to where it is legal and regulated or should they feel safe purchasing off the streets? Thanks for actually answering the question this time Guida…
Anonymous,
You asked my point; I reiterated that. I’m not interested in nor will I be bated into answering your question based on a fallacious premise. I’ve made my point: “The Wisconsin State Laboratory of Hygiene reports doing ‘an extensive query locally and nationally, which included crime lab drug chemistry units, toxicology, Customs and Border control, the DEA and public health. NONE of them are reporting THC laced with fentanyl. When we are seeing THC and fentanyl (and other opioids) in combination, it is because both substances were consumed.’”
Just like a politician. Avoid the question. You must take lesson from Gravely.
Lmao what a snobby bitch, just keeps re-posting the same quote as if we didn’t already fucking see it.
That’s an interesting take, Guida. You believe that a legitimate question from a citizen is being “baited”? I’m curious to hear your policy opinion on this too. It’s actually quite an important topic, considering 88% of your constituency voted in favor of legalizing, which would nullify any concern (real or not) over fentanyl. Not to mention the data showing that overdoses go down in legalized states. As a politician, we want to see your policy positions, not your fact checks.
I thought I could use this site to clarify one specific point, that contrary to the fact that “Law enforcement agencies throughout the county have told KCE that street marijuana is often laced with Fentanyl,” it is not. That’s all.
The legitimate question from someone — a citizen of Earth — was “It is safe to purchase weed off the street?” (sic)
Safe? That’s a nebulous word. Is the weed a person buys off the street going to be laced with fentanyl? No, it’s not. But it not being laced with fentanyl doesn’t necessarily make that purchase “safe.”
And thanks for the correction on “baited.” That was sloppy of me.
It’s your life.
It’s shitbag gangsters who will put anything in any drug. If they haven’t started putting fentanyl in it….it could happen at any time.
Correct me if I’m wrong….its the danger from not having a clean “laboratory” where fentanyl being used with other drugs can cause cross contamination.
In other words, is it worth losing your life buying some bad shit? Yeah didn’t think so.
A politician thought they could come on a forum and not get asked questions on policy? Part of the question was “should people travel to where it is legal?” It’s quite obvious they were poking at your policy. The County can essentially eliminate the fine for cannabis just like the City did. You have that power according to state law. You can also pressure the DA to decriminalize as Madison has done. You’ve chosen to do none of that even though 88% of your constituency voted for it.
The claim isn’t about lacing. It’s about accidental contamination. A tiny bit of powder on the table where the weed is, is all it takes. And are you claiming that ALL the positive field tests are false positives? Some might be, but do you have evidence that all of them are false? Where did you get your quote? There’s no such quote on google.
The article states: “Law enforcement agencies throughout the county have told KCE that street marijuana is often laced with Fentanyl….” Seems to me that’s exactly about lacing.
The quote is from Amy Miles, the Director of the Forensic Toxicology Program at the Wisconsin State Laboratory of Hygiene, in an email to me because every six months or so this topic comes up, and every six months or so I ask her if anything has changed.
Not ALL the field tests are wrong, but here’s an interesting take: https://reason.com/2024/01/09/study-estimates-roadside-drug-tests-result-in-30000-wrongful-arrests-every-year/
And here’s another interesting — and extraordinarily timely — article: https://reason.com/2024/09/02/trump-repeats-an-urban-legend-by-invoking-fentanyl-laced-marijuana/
I think it’s fair to say the general public, and probably even Trump, isn’t aware of the difference between lacing and contamination. Also, lacing involves intent, which is very hard to prove. But YOU and Ms. Miles know the difference between lacing and contamination, and you’re conveniently omitting that nuance. I’m also curious if you think the overdose victims, family members and friends are all lying when they say they got dosed unsuspectingly? It’s probably not as cut and dry as you think it is. According to NY Office of Cannabis Management, “There is no guarantee that any unregulated cannabis product is free from contaminants or harmful ingredients. Fentanyl has been found in other drugs including heroin, cocaine, methamphetamine, MDMA, and pressed pills.” So why can’t it be on a sandwich baggy that someone licks to close it? https://www.dea.gov/alert/dea-laboratory-testing-reveals-6-out-10-fentanyl-laced-fake-prescription-pills-now-contain
It can. I agree that contamination is vastly different than lacing. I’ve always said that drug dealers aren’t working in pristine lab conditions. And just as Amy Miles and I know the difference between lacing and contamination, so do law enforcement. However, the article states “Law enforcement agencies throughout the county have told KCE that street marijuana is often laced with Fentanyl….”
I live in Forrest Park and I voted for you. But now I see you are another liberal and not very smart and claiming that THC is not laced with fentanyl. And you are claiming that law enforcement is not being truthful. I will make sure you have a difficult time winning reelection especially in a tight district like your
Yes, how dare this uppity girl alderman question the truthfulness of the police. We need to fully comply and believe everything the police tell us. Critical thinking will not be tolerated here.
I feel like the word “often” is doing some heavy lifting needlessly there. Like why is it even there? It obviously doesn’t happen often but it has happened as cross contamination. That’s not hard to understand.
“HIDTA and others determined that batch of cannabis was not intentionally laced with fentanyl, but had a small amount due to poor quality control by the dealer. “They’re using the same equipment to bag up their marijuana as they are their fentanyl, which can cause cross contamination,” Lawlor said. “While this may be isolated, this this could very easily happen, this could very easily have happened before, it can very easily happen again.””
https://www.nbcconnecticut.com/investigations/state-slow-to-correct-fentanyl-laced-cannabis-report/2809469/
I’m telling ya. There’s really something wrong going on in the DA’s office…..it’s pathetic
I support the police, but did I miss something in the article? WHY were these guys even pulled over? Speeding? Driving under the influence? Why?
Non “crime”. It’s a fucking plant. It’s legal at my house.
Cool story bro.
Hey! You are back! Did you do it? Did you finally submit to your long-standing and deep-seated desire to lay with a man. You seem calmer. Maybe you did. Tell us about it.
https://youtu.be/cBQiLh9N6kg?si=IuSnL0iRNh6JniaR
Eat a bullet already, faggot.
Wow! I am sorry you hate yourself so much. We all know you have guns. Please don’t take your own life because of your struggle to reconcile your persistent desire to lay with a man. That is not something to hate yourself over. Many macho guys, like you, have that stirring in their loins when they day dream about other men.
Just submit already. Biting a hand that will feed you won’t stop the yearning.
You know you want to.
https://youtu.be/BirJMnMcfBs?si=44H8oweLwS7DaPc1
You both are fags.
Maybe. But Straight White Male doesn’t have the courage to admit it. He denies his true sexual orientation.
Hi Joel. Post any good memes lately?
MJ is legal in 24 states for recreational purposes.
So…24 states are corrupt and have spending problems then.
We go to Michigan bi-weekly for weed. Only about two and half hour drive. I can’t wait for all you boomers to die so we can starts progressing in life.
Perhaps you can start by using correct spelling and grammar. Good luck getting anywhere in life. 😉
You must not have gotten anywhere in life because that’s all you can say I’m So Sorry you live a miserable life. Try finding Joy its feels so much better!
Did you take the clot shot?
Let it go…there are more serious crimes out there
Boomer here. It’s two and a half hours to Michigan dispensaries. The prices and taxes are much cheaper than Illinois. We make a day trip out of it. We place our orders the night before and they’re ready when we arrive. Then we try a different restaurant than our last trip. We’re back before sunset! I’ll take the risk and make the drive to purchase marijuana from a dispensary. We purchase large amounts as well but only make the trip a few times a year. We place our purchases in a locked box located in the trunk. None of our purchases are resold. Only personal use for medical issues. I shake my head at the taxes Wisconsin could be collecting. “ Sales taxes collected at Illinois adult use cannabis dispensaries totaled $417.6 million in 2023, per the Illinois Department of Revenue.”
https://www.michigan.gov/treasury/news/2024/02/29/adult-use-marijuana-payments-being-distributed-to-michigan-municipalities-and-counties