Elkhorn man sentenced to probation for accidentally texting police to buy LSD
ELKHORN—An Elkhorn man who sent a text about buying LSD to the Town of Linn Police Department instead of his friend pleaded guilty to a reduced charge Wednesday in Walworth County Court.
Judge Kristine Drettwan sentenced Barrett L. Terhark, 23, to two years of probation. He will be eligible for expungement of the conviction if he has no probation violations, per a plea agreement reached less than six weeks after the criminal complaint was filed.
Terhark pleaded guilty to possession with intent to deliver marijuana. The charges he originally faced—attempted delivery of LSD and possession of marijuana and drug paraphernalia—were dismissed but read into the record.
Terhark must spend two days in jail without work release sometime before Jan. 7. The plea agreement also calls for 100 hours of community service.
On July 7, a police officer received a text message that read, “Hey, can I buy some acid from you sometime soon?” according to the complaint. Acid is a street name for LSD.
The officer did not respond. The person police later identified as Terhark sent another text July 12 that read, “Please, I'm going camping soon and would really like some,” according to the complaint.
The officer responded, “New phone who is this,” and subsequent conversations led to a setup in which police stopped Terhark on Sept. 6 in the Town of Linn Park, according to the complaint. Their plan called for Terhark to sell the person he was texting four “tabs” of LSD. He later said he wasn't able to get LSD from his supplier.
Police learned the phone number on the department's new phone had belonged to a woman who had been with Terhark when police stopped them in August 2015, the complaint states.
Drettwan said the facts in the case were "a bit interesting."
"Of all the numbers in the world to get assigned to a cop, right?" Drettwan said. "I'd hate to see this completely derail your life."
Terhark is not allowed to ask for early termination of his probation, per the plea agreement. He said Wednesday in court that he is employed and getting counseling.
Terhark's attorney, Anthony Flitcroft, said the incident "embarrassed" Terhark and taught him a hard lesson.