By Kim McDarison

A Whitewater man arrested earlier this month by law enforcement agencies for allegedly possessing and delivering cocaine has been charged with seven criminal counts, ranging from manufacturing and delivery of cocaine to possession of drug paraphernalia. According to a Walworth County Sheriff’s Office news release, Jose Valentin Ostria Hernandez was the subject of an investigation by the Walworth County Drug Enforcement Task Force. 

Ostria Hernandez, 30, appeared in Walworth County Circuit Court via video conference before Judge Daniel Johnson on July 14.

During the appearance, the court set a cash bond of $50,000 for Ostria Hernandez which included the following conditions: the defendant shall not possess or consume alcohol, illegal drugs or paraphernalia, firearms, ammunition or weapons, and the defendant shall ensure that payments are made under any order for income withholding if the court appoints an attorney for the defendant.

According to information provided on the Wisconsin Circuit Court Access website, attorney Kieth Venema, was in court on behalf of the defendant.

Attorney Vivien Tenhaken appeared for the state of Wisconsin.

Ostria Hernandez appeared again in court on July 25, before Judge David Reddy via video conference, and was assisted by a Spanish interpreter. Attorney Kevin Boyle appeared in court on Ostria Hernandez’s behalf.

A motion was filed on behalf of the defendant for bond modification.

Assistant District Attorney Samuel Berg, who was representing the state, objected to the motion.

The motion was denied by the court.

Boyle requested the court set a preliminary hearing “on a speedy basis.”

A preliminary hearing was set for July 31 at 3 p.m.

Pleas have not yet been entered by the defendant in response to the seven counts filed against him.

The charges include three Felony E counts of manufacturing and delivery of cocaine in an amount greater than 5-15 grams, with the count further describing the charge as “possession with intent to deliver/distribute a controlled substance on or near a school.” Offense dates associated with the three counts are Jan. 1, Feb. 2, and March 15.

Additionally, Ostria Hernandez is charged with one Felony D count of manufacturing or delivery of cocaine, with possession with intent to deliver or distribute a controlled substance on or near a school. The offense date is June 27, as well as one Felony C count of possession with intent, cocaine, further described as possession with intent to deliver/distribute a controlled substance on or near a school. The offense date is July 13. Also, the defendant faces one Felony I count of maintaining a drug trafficking place, with an offense date of July 13, and one misdemeanor U count of possession of drug paraphernalia, with an offense date of July 13.

In Wisconsin, a Class E felony is punishable by up to 15 years in prison, a maximum fine of $50,000, or both. A Class D felony is punishable by up to 25 years in prison, a maximum fine of $100,000, or both. A Class C felony is punishable by up to 40 years in prison, a minimum fine of $100,000 or both. A Class I felony is punishable by up to 3.5 years in prison and up to $10,000 in fines. A Class U misdemeanor is punishable by up to six months in jail and up to $1,000 in fines.

An earlier story, including information released by the Walworth County Sheriff’s Office, is here: https://whitewaterwise.com/whitewater-man-arrested-charged-with-possession-delivery-of-cocaine/.