Case 2023CF000696 Document 2 Filed 07-14-2023 Page 1 of 4

FILED
07-14-2023
Clerk of Circuit Court
Outagamie County
STATE OF WISCONSIN CIRCUIT COURT OUTAGAMIE COUNTY
2023CF000696
DA Case No.: 2023OU002754
STATE OF WISCONSIN Assigned DA/ADA: Nicholas P. Grode
Plaintiff, Agency Case No.: 21-8507
Court Case No.:
vs. ATN:

HERBERT D. WOLFF
5128 Sunset Drive CRIMINAL COMPLAINT
Rhinelander, WI 54501
DOB: 07/19/1957
Sex/Race: M/W
Eye Color: Brown
Hair Color: Brown
Height: 5 ft 09 in
Weight:
Alias:
Defendant. For Official Use

The undersigned, being first duly sworn, states that:

Count 1: POSSESSION WITH INTENT TO DELIVER THC (TETRAHYDROCANNABINOLS)

(1000 - 2500G)

The above-named defendant on or about Wednesday, March 22, 2023, in the Town of Grand
Chute, Outagamie County, Wisconsin, did possess with intent to deliver a controlled
substance, to-wit: a controlled substance analog of Tetrahydrocannabinols (THC), in an
amount of more than 1,000 grams but not more than 2,500 grams, or more than 20 plants
containing tetrahydrocannabinols but not more than 50 plants containing
tetrahydrocannabinols, contrary to sec. 961.41(1m)(h)3, 939.50(3)(g), 973.046(1r), 973.047(1f)
Wis. Stats., a Class G Felony, and upon conviction may be fined not more than Twenty Five
Thousand Dollars ($25,000), or imprisoned not more than ten (10) years, or both.

And the Court may suspend the defendant's operating privileges for not less than six (6)
months nor more than five (5) years. If the defendant's driving privileges are already
suspended, any suspension imposed must be served consecutively.

And furthermore, invoking the provisions of Wisconsin Statute 973.046(1r), if the court imposes
a sentence or places a person on probation, the court shall impose a deoxyribonucleic acid
analysis surcharge, calculated as follows: (a) For each conviction for a felony, $250 (b) For
each conviction for a misdemeanor, $200.

And furthermore, invoking the provisions of Wisconsin Statute 973.047(1f), if the court imposes
a sentence or places a person on probation, the court shall require the person to provide a
biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The
court shall inform the person that he may request expungement under s. 165.77 (4).

Count 2: POSSESSION OF A CONTROLLED SUBSTANCE

The above-named defendant on or about Wednesday, March 22, 2023, in the Town of Grand
Chute, Outagamie County, Wisconsin, did knowingly possess a controlled substance, psilocin,

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 Case 2023CF000696 Document 2 Filed 07-14-2023 Page 2 of 4
STATE OF WISCONSIN - VS - Herbert D. Wolff

contrary to sec. 961.41(3g)(d), 973.046(1r), 973.047(1f) Wis. Stats., a Misdemeanor, and

upon conviction may be fined not more than Five Thousand Dollars ($5,000), or imprisoned for
not more than one (1) year in the county jail, or both.

And the Court may suspend the defendant's operating privileges for not less than six (6)
months nor more than five (5) years. If the defendant's driving privileges are already
suspended, any suspension imposed must be served consecutively.

And furthermore, invoking the provisions of Wisconsin Statute 973.046(1r), if the court imposes
a sentence or places a person on probation, the court shall impose a deoxyribonucleic acid
analysis surcharge, calculated as follows: (a) For each conviction for a felony, $250 (b) For
each conviction for a misdemeanor, $200.

And furthermore, invoking the provisions of Wisconsin Statute 973.047(1f), if the court imposes
a sentence or places a person on probation, the court shall require the person to provide a
biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The
court shall inform the person that he may request expungement under s. 165.77 (4).

Count 3: POSSESSION OF COCAINE

The above-named defendant on or about Wednesday, March 22, 2023, in the Town of Grand
Chute, Outagamie County, Wisconsin, did knowingly possess a controlled substance, cocaine,
contrary to sec. 961.41(3g)(c), 973.046(1r), 973.047(1f) Wis. Stats., a Misdemeanor, and
upon conviction may be fined not more than Five Thousand Dollars ($5,000), and may be
imprisoned for not more than one (1) year in the county jail.

And the Court may suspend the defendant's operating privileges for not less than six (6)
months nor more than five (5) years. If the defendant's driving privileges are already
suspended, any suspension imposed must be served consecutively.

And furthermore, invoking the provisions of Wisconsin Statute 973.046(1r), if the court imposes
a sentence or places a person on probation, the court shall impose a deoxyribonucleic acid
analysis surcharge, calculated as follows: (a) For each conviction for a felony, $250 (b) For
each conviction for a misdemeanor, $200.

And furthermore, invoking the provisions of Wisconsin Statute 973.047(1f), if the court imposes
a sentence or places a person on probation, the court shall require the person to provide a
biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The
court shall inform the person that he may request expungement under s. 165.77 (4).

PROBABLE CAUSE:

AND PRAYS SAID DEFENDANT BE DEALT WITH ACCORDING TO LAW; AND THAT THE
BASIS FOR THE COMPLAINANT'S CHARGE OF SUCH OFFENSE IS AS FOLLOWS:

Complainant is a sworn law enforcement officer and bases this Complaint upon the
investigation of the officers named below, who are presumed truthful and reliable as sworn law
enforcement officials.

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 Case 2023CF000696 Document 2 Filed 07-14-2023 Page 3 of 4
STATE OF WISCONSIN - VS - Herbert D. Wolff

On March 22, 2022, at approximately 8:51 am, investigators from the State of Wisconsin
Division of Criminal Investigations executed a search warrant at 4801 N. Richmond St., Town
of Grand Chute, State of Wisconsin.

Based on information provided to investigators as well as evidence found at the scene, the
premises was occupied by the defendant herein Herbert Wolff.

While searching the residence, investigators found illegal substances including THC, psilocin
mushrooms and cocaine.

In a closet along the south wall in the southwest corner of the garage, DCI SA Ryan Dobbs
opened a mini refrigerator that was plugged in to an extension cord running to the main area of
the garage. Inside the mini refrigerator, investigators observed several jars and plastic bags
and could immediately smell the odor they recognized as raw marijuana.

Inside the mini refrigerator,

• 128-ounce Mt. Olive pickle jar was found to contain one gallon size clear plastic zip
top bag with green plant material, one sandwich size clear plastic zip top bag with green
plant material, and three empty snack size clear plastic zip top bags.

• 20-ounce Vlasic brand pickle jar was found to contain five sandwich size clear plastic
zip top bags with green plant material, one empty sandwich size clear plastic zip top
bag, and three empty quart size clear zip top bags.

• 32-ounce Smucker's brand strawberry jam jar was found to contain one sandwich size
clear plastic zip top bag with green plant material and one empty sandwich size clear
plastic zip top bag.

• 32-ounce Smucker's brand grape jam jar was found to contain one sandwich size clear
plastic zip top bag with green plant material.

• Gallon size clear plastic zip top bag was found to contain a clear plastic zip top bag that
contained off-white long stemmed mushrooms.

• Seven sandwich size clear zip top plastic bags containing multi-colored bear shaped
gummies

• A sandwich size clear zip top plastic bag with green plant material.

SA Windorff recognized all of the green plant material to be consistent in odor and
appearance with marijuana. SA Windorff recognized the off-white long stemmed mushrooms to
be consistent in appearance with psilocybin mushrooms. Due to the location of the multi-
colored bear shaped gummies with suspected marijuana, SA Windorff believed that they may
be an edible form of marijuana.

In the kitchen, investigators located and photographed numerous certificates from ATTIC
Correctional Services, Inc. to Herbert Wolff, a Wisconsin Department of Transportation (DOT)

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STATE OF WISCONSIN - VS - Herbert D. Wolff

occupational license application for Herbert Wolff, and paperwork related to an ignition
interlock device for Herbert Wolff in the garbage can.

In the southwest bedroom, investigators located and photographed numerous documents and
items of mail addressed to Herbert Wolff at 4801 N. Richmond St. The documents included
work timecards for Herbert Wolff and handwritten ledgers of money owed and expenses from
who SA Windorff believed was Ronald Wolff based on the context of the notes attached to
them. In a gray ottoman under the nightstand in the southeast corner of the room, DCI SA Jed
Roffers located a 32-ounce Smucker's grape jam jar that contained a sandwich size clear
plastic zip top bag with a box of Marlboro brand menthol cigarettes and the plastic housing of a
ball point pen. SA Windorff recognized that the plastic housings of ball point pens are
commonly used to inhale illegal drugs. Investigators opened the Marlboro cigarette box and
located a small clear plastic zip top bag containing a clear glass vial with a black screw top that
contained white powder material. SA Windorff recognized the white powder material to be
consistent in appearance with cocaine.

SA Windorff and SA Dobbs field tested, weighed, packaged, and sealed all of the evidence at
the DCI Appleton Field Office.

The green plant material was found to weigh 218.9 grams. A sample of the green plant
material was tested using the Duquenois-Levine Reagent test and tested positive for
marijuana, which contains THC.

The multi-colored bear shaped gummies was found to weigh 830.5 grams. A sample of the
multi-colored bear shaped gummies was tested using the Duquenois-Levine Reagent test and
tested positive for marijuana, which contains THC.

The off-white long stemmed mushrooms was found to weigh 20.9 grams. A sample of the off-
white long stemmed mushrooms was tested using the Psilocybin/Psilocin Reagent test and
tested positive for Psilocybin/Psilocin.

The white powder material was found to weigh 0.8 grams. A sample of the white powder
material was tested using the Modified Scott Reagent test and tested positive for cocaine.

The defendant was interviewed and he admitted the illegal substances that were found was his
“stash” He claimed it was for personal use.

Because of the quantity of THC found, there is probable cause to believe that the THC was
being held for the purpose of delivery.

Subscribed and sworn to before me on 07/14/23 Electronically Signed By:

Electronically Signed By: Michael Velie
Elysia B. Nguyen Complainant
Assistant District Attorney
State Bar #: 1106539

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