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Klein sentenced for drug, firearm charges

Klein sentenced for drug, firearm charges Klein sentenced for drug, firearm charges

Kevin Klein, 42, Cornell, appeared for a sentencing hearing, via video call, Aug. 7.

Klein faced one count of Delivery of Methamphetamine (<=3g), Second or Subsequent Offense, Repeater; one count of Possession with Intent to Deliver Methamphetamine (>50g), Repeater, Second or Subsequent Offense; one count of Maintain Drug Trafficking Place, Second or Subsequent Offense, Repeater; one count of Possession of Cocaine/Coca (2nd+), Repeater; one count of Possession of Electronic Weapon, Repeater; one count of Bail Jumping-Felony, Repeater; one count of Possess Drug Paraphernalia, Repeater; and one count of Carrying a Concealed Knife, Repeater.

The charges stem from a November 2019 incident, where Klein was stopped for an active arrest warrant. According to the criminal complaint, a backpack containing over 351 grams of methamphetamine was also located at Klein’s residence.

Klein also faced one count of Possess Firearm-Convicted of a Felony, Repeater, from a consolidated Rusk County case.

In March, Klein pled guilty to Delivery of Methamphetamine (<=3g), Second or Subsequent Offense, Repeater; Possession with Intent to Deliver Methamphetamine (>50g), Repeater, Second or Subsequent Offense; and Possess Firearm- Convicted of a Felony, Repeater.

“Is there a joint agreement in this case, or is this an argued sentence?” asked Judge Sarah Harless.

State representative Peter Rindal said it was his understanding it is a joint agreement, though he did get a request from defense attorney John Bachman on the return of $349 seized money, which was not part of the discussed agreement.

“I just want to make sure we’re on the same page, before I make the joint recommendation to the court,” said Rindal.

Bachman said the agreement has Klein forfeiting the money to the West Central Drug Task Force, and he is not sure if Klein is contesting that.

“If it’ll help the court, I’m fine with how the conditions are now,” said Klein. “I’ll forfeit the money.”

For the Delivery of Methamphetamine, the joint recommendation was for 10 years in prison, with five years of initial confinement, and five years of extended supervision. The recommendation is that the sentence runs concurrent to the sentence Klein is serving for previous Eau Claire County cases.

For the second count, Possession with Intent to Deliver Methamphetamine, the recommendation was for a 15-year sentence, with five years of initial confinement, and 10 years of extended supervision. The time would be concurrent to the previous count and the other cases.

For the consolidated Possess Firearm-Convicted of a Felony, the joint recommendation was to withhold sentence and five years probation. The probation would run consecutive to the previous cases, but concurrent with the other charges in the current case.

“The general idea is that that won’t start until he has finished the re-confinement sentence on those older cases,” said Rindal. “But during the period of time that he remains in custody on the new case, that probation would begin.”

Rindal says he believes Klein is eligible for prison programming, with the exception of the Challenge Incarceration Program, which he may have aged out of.

“We think it is reasonable under the circumstances,” said Bachman, of the agreement.

Bachman also noted Klein provided a substantial amount of information to the West Central Drug Task Force about other people involved in dealing drugs.

Bachman also said Klein should have 276 days of jail credit.

“I just want to say that through my life, I’ve made a lot of mistakes,” said Klein. “I’ve let people down and I’ve hurt people with my actions.”

Klein says he accepts responsibility for what he has done.

Harless considered the gravity of the offense, character of the offender and need to protect the public, as she prepared to hand down the sentence.

“Obviously, we’re here on serious felonies, serious delivery and placing a lot of drugs into the community,” said Harless.

Harless says Klein was cooperative and is accepting responsibility.

“I hope that the proposed sentence will help get him the help, support and programming that he needs to do better in the future,” said Harless.

Harless found the joint recommendation reasonable and sentenced Klein as recommended.

Conditions of extended supervision and probation include absolute sobriety, Alcohol and Other Drug Abuse (AODA) counseling, and comply with any assessments, per the agent. Klein is also to have no contact with Beau Peterson, Morgan Moreno, Kristin Hoel and David Olszewski. He is also not to have contact with any known drug dealers or users, except in a therapeutic setting.

Klein is also to forfeit all seized money in the case and gets 276 days of jail credit for the Delivery of Methamphetamine count.

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