Bail set at $5,000 cash for man believed headed to Boyceville with methamphetamine
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By LeAnn R. Ralph
MENOMONIE — Bail has been set at $5,000 cash for a Chippewa Falls man being tracked with a large shipment of methamphetamine and believed to be in the process of transporting it from Menomonie to Boyceville.
Justin M. Barnard, age 35, made an initial appearance in Dunn County Circuit Court November 25 before Judge James Peterson.
Dunn County District Attorney Andrea Nodolf had asked for bail to be set at $10,000 cash, but Shelly Tomtschik, an attorney representing Barnard at the initial appearance, asked for a small cash bail because Barnard is a lifelong resident of the area.
Judge Peterson set bail at $5,000 cash and ordered Barnard not to be in the presence of any drug paraphernalia.
Barnard is charged with two felony counts of possession methamphetamine with intent to deliver and possession of cocaine, both counts with a repeater modifier, and is charged with two misdemeanor counts of possessing drug paraphernalia and obstructing an officer.
According to the criminal complaint, an investigator with the Dunn County Sheriff’s Department was contacted by a confidential informant (CI) on November 23, who said Barnard was in possession of a large amount of methamphetamine that Barnard had concealed in a fanny pack pouch.
The CI said Barnard was leaving north Menomonie and would be traveling to Boyceville. The CI included a picture of the vehicle Barnard was driving. The investigator provided the information to a Dunn County deputy, who contacted the investigator a short while later and said the information was very accurate, the complaint states.
The deputy performed a traffic stop after he had observed a traffic violation.
Barnard provided a false name to the deputy, and when the deputy gave Barnard a lawful command to exit the vehicle, Barnard refused. The deputy found methamphetamine and cocaine, both of which field tested positive, according to the complaint.
The weight of the methamphetamine was 74.9 grams, and the weight of the cocaine was .7 grams, the complaint states.
Barnard qualifies as a repeat offender since he was convicted of maintaining a drug trafficking place and delivery of methamphetamine in Eau Claire County in August of 2017.
Possession with intent to deliver methamphetamine as a second or subsequent offense is a Class C felony that, upon conviction, carries a possible penalty of a fine of up to $100,000 and/or 40 years in prison.
Possession of cocaine as a second or subsequent offense is a Class I felony that, upon conviction, carries a possible penalty of a fine of up to $10,000 and/or a prison sentence of three years and six months.
Possession of drug paraphernalia as a repeat offender is a misdemeanor that, upon conviction, carries a possible penalty of a fine of up to $500 and/or a prison sentence of up to 30 days.
Obstructing an officer as a repeat offender is a Class A misdemeanor that, upon conviction, carries a possible penalty of a fine of up to $10,000 and/or a prison sentence of up to nine months.
Each of the repeater modifiers for the felony possession of methamphetamine with intent to deliver could add up to six years to a prison sentence, and the court could also suspend the defendant’s operating privileges for not less than six months but not more than five years. If the defendant’s driving privileges are already suspended, an additional suspension must be served consecutively.
The repeater modifier for possession of cocaine could add up to four years to a prison sentence.
The repeater modifiers for the misdemeanors of possession drug paraphernalia and obstructing an officer could each add up to two years to a prison sentence.
In addition, the court could suspend the defendant’s operating privileges for possession of drug paraphernalia for not less than six months but not more than five years. If the defendant’s driving privileges are already suspended, an additional suspension must be served consecutively.
Barnard is scheduled for a preliminary hearing in Dunn County Circuit Court on December 11 at 10 a.m.
