|Ecklund (click for larger version)|
May 27, 2014 | 02:52 PMELKHORN — A Lake Geneva man who sold heroin to police informants was sentenced to seven years in prison.
Dominic D. Ecklund, 25, was also sentenced to three years extended supervision.
Judge David Reddy said during the May 21 sentencing hearing that Ecklund’s confinement was needed to protect the public.
District Attorney Daniel Necci requested Reddy sentence Ecklund to eight years of confinement and eight years of extended supervision, the maximum confinement allowed under a plea agreement.
“Probation will not stop the defendant from dealing,” Necci said. “Separating him from drugs and customers will stop him from dealing.”
Necci also requested Ecklund’s extended supervision be outside of Walworth County.
Ecklund has “worn out his welcome in our community,” Necci said.
Joshua Klaff, Ecklund’s defense attorney, said Ecklund’s relocation while on probation was an “onerous condition,” and family support is important for recovering addicts.
“Ecklund is from the community,” Klaff said. “His mom and dad live in Lake Geneva.”
Reddy rejected this condition.
Because Ecklund was both a heroin addict and a dealer, Necci said this case was different than just trying a drug user.
“There’s really no question that the defendant is an opiate addict ... but there are users who aren’t dealers,” he said. “How many others in Walworth County began an addiction because of the defendant?”
Necci said he doesn’t believe Ecklund’s report he only sold to one or two people.
“The defendant states that he only sells to support his habit (of heroin use),” Necci said. “I find this incredulous based on (the amount of cash found in Ecklund’s home during a search warrant). ... it’s comical almost that he said he sold to two people.”
Necci said information from the drug unit officers that bought drugs from Ecklund showed Ecklund sold to many people.
Klaff said this was “pure speculation,” and because Ecklund has a limited prior record and a nonviolent history, the court should stay any sentence.
Klaff asked for 365 days in the Walworth County jail and five years of probation.
“He can maintain a job except at the height of addiction,” Klaff said of Ecklund. “This is someone who ... works hard and does what he’s supposed to do.”
Klaff said the presentence investigation also stated that Ecklund has a low risk potential for recidivism.
Reddy said the presentence investigation report suggested four to seven years of initial confinement.
Ecklund originally faced 20 criminal charges, but a plea agreement allowed Ecklund to plead guilty to two felony charges: delivering heroin as a repeater and delivering a controlled substance.