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Elk Mound man found guilty on felony marijuana charge

By LeAnn R. Ralph

MENOMONIE  —  A 19-year-old Elk Mound man has been found guilty on the felony charge of manufacturing marijuana with the intent to deliver and placed on two years of probation.

Brody E. Bergh appeared in Dunn County Circuit Court August 29 before Judge James Peterson for a plea hearing.

 Bergh was charged with three felonies: possession with intent to deliver cocaine; possession with intent to deliver THC (marijuana); and manufacturing marijuana with the intent to deliver.

In addition, Bergh was charged with one misdemeanor count of possessing drug paraphernalia.

Bergh pleaded no contest on the felony counts of possessing cocaine with the intent to deliver and on the felony count of manufacturing marijuana with the intent to deliver.

Judge Peterson deferred prosecution on the felony cocaine charge and accepted Bergh’s plea of no contest and found Bergh guilty on the charge of manufacturing marijuana with the intent to deliver.

The felony count of possessing marijuana with the intent to deliver was dismissed on a prosecutor’s motion.

The misdemeanor count of possessing drug paraphernalia also was dismissed.

Judge Peterson withheld sentence, placed Bergh on two years of probation, and ordered that part of the $1,500 cash bail Bergh posted be put toward fines and court costs of $518.

The judge also ordered that Bergh have no contact with Colton Bongard and Bret Braker.

Bergh is eligible to have his record expunged if he successfully completes probation.

According to the criminal complaint, on November 7, 2015, the Dunn County sheriff’s department received information that a drug deal was going to take place at the Cedar Falls Trailer Court in the Town of Red Cedar.

Shortly before midnight, Deputy Emmer Shields found a vehicle at the trailer court with suspended registration for non-payment of parking tickets. A woman was seated on the passenger side, and the driver’s seat was unoccupied.

The woman, identified as Morgan McDougall, said her boyfriend, Brody Bergh was the driver of the vehicle, and several minutes later, Bergh returned to the vehicle, according to the complaint.

When the deputy advised that Bergh’s registration was suspended and asked for his driver’s license and vehicle registration, Bergh opened the car door, and the deputy detected the strong odor of marijuana.

Another deputy arrived, and a search of the vehicle yielded a red back pack that contained a green leafy substance that smelled like marijuana, two stacks of money totaling $1,989, a plastic bag containing a white substance, and a variety of drug paraphernalia, including two multi-colored glass pipes, a butane torch, a scale, blotter paper and packing materials, according to the complaint.

The contents of the backpack, which tested positive for the presence of THC, weighed 136.3 grams. The white substance, which tested positive for cocaine, weighed 8.7 grams.

Later on, when Bergh was interviewed at the Dunn County jail by Deputy Kyle Knotz, Bergh said he usually dropped off an ounce of marijuana at Braker’s house and returned several days later to collect the money, according to the complaint.

Deputy Knotz spoke with Braker, who informed the deputy that he was a “middle man” for drug sales, that Bergh was the supplier, and that Bergh used Braker’s services to sell the drugs for Bergh.

Braker, who was charged with eight misdemeanors, one each for possession of cocaine, marijuana and an illegally obtained prescription as well as five counts of possessing drug paraphernalia, was found guilty at a court hearing in April for possessing marijuana.

Dunn County Judge Rod Smeltzer dismissed the other counts and placed Braker on 18 months of probation.

McDougall, who is listed as having a Chippewa Falls address, is charged in Dunn County with possessing marijuana, possessing drug paraphernalia, possessing marijuana with intent to deliver, bail jumping and resisting an officer.

McDougall is scheduled for a plea hearing September 26.

A review hearing in the Bergh case is scheduled for February of 2019.