Tim Ryan, tryan@wolfrivermedia.com
The first of three family co-owners of a Wescott supper club charged in connection with a home-based marijuana operation was sentenced Friday to four months in jail as a condition of three years’ probation.
Lynn Himebauch, 67, pleaded no contest in July to felony charges of manufacture and delivery of marijuana and maintaining a drug trafficking place.
Sentencing is still pending for her husband, William R. Himebauch, 63, and their daughter, Nicole H. Himebauch, 33. They have also pleaded no contest to the same charges.
Under the plea agreements, the state has agreed to recommend sentences of jail time and probation for all three defendants.
Shawano-Menominee County Assistant District Attorney Catharine White told the court Friday that Lynn Himebauch was the “least culpable” of the three defendants.
She said the marijuana was grown by her husband and there was no proof beyond a reasonable doubt that Lynn Himebauch was aware that marijuana was being sold.
White said Lynn Himebauch was aware, however, of the growing operation and smoked much of the marijuana herself.
Authorities seized 87 plants from the residence during the execution of a search warrant in February 2013.
Defense attorney Michael Rudolph told the court his client believed the marijuana was for personal use.
“There was no intention to have any of this leave the family,” he said.
Some 50 people crowded into the courtroom Friday to show their support for Lynn Himebauch, who read an emotional statement to the court before sentence was passed.
She described her dependency on marijuana, which she said she took to alleviate health problems, the financial struggles that led to the decision to grow the drug at home and the devastating aftermath of the arrests and charges that have fractured the family.
“To say that I am sorry that I did this, is the understatement of my life,” she said. “The consequences that have resulted from my poor decisions were things that I never thought could happen to me in my life.”
Judge William Kussel Jr. accepted the joint recommendation of the state and defense for sentencing, along with conditions of probation that include an alcohol and drug assessment and treatment. He also imposed a fine of $200 and court costs.
Manufacture and delivery of marijuana carries a maximum possible sentence of 12 1/2 years imprisonment and a $25,000 fine. Maintaining a drug trafficking place and possession with intent to deliver marijuana each carry a maximum 3 1/2 years and $10,000 fine.
Lynn, William and Nicole Himebauch are co-owners the Classic’s Restaurant and Lounge.
Shawano County Sheriff’s Department deputies executed a search warrant at a residence in the same building as the supper club in February 2013 and arrested Nicole Himebauch on felony charges of manufacture and delivery of marijuana, maintaining a drug trafficking place and possession with intent to deliver marijuana.
That same day, deputies executed another search warrant in the town of Richmond at the home of her parents, who were taken into custody on the same felony counts.
According to the criminal complaint, marijuana growing operations were found in two areas of the Richmond residence.
According to the complaint, Nicole Himebauch was the suspect in a controlled marijuana buy with a confidential informant on Feb. 5, 2013, at the supper club. The complaint alleges she sold the informant “high-grade marijuana” at $325 an ounce for a total 0f $950.
The informant also told authorities Nicole Himebauch had gotten the marijuana from her parents’ residence, according to the complaint.
The complaint alleges marijuana was sold directly from the bar at the supper club.
According to the complaint, a converted room in the upstairs of the Richmond residence contained numerous marijuana plants, along with equipment to trim, grow, clean and clone new plants. A second grow room was found in the basement, according to the complaint.
Nicole Himebauch is scheduled for sentencing Tuesday.
William Himebauch had been scheduled for a jury trial, but entered his no contest plea Wednesday. He is scheduled for sentencing Nov. 24.