By Kim McDarison

Jose Valentin Ostria Hernandez, a Whitewater man who faces several felony counts including drug manufacturing, possession and intent to delivery on or near a school appeared in Walworth County Circuit Court Monday and was bound over for trial.

Ostria Hernandez, who has remained in custody since his arrest on July 14, appeared before Judge Peter Navis via video conference.

His attorney, Kevin Boyle, appeared in court on his behalf.

Walworth County Assistant District Attorney Vivien TenHaken appeared on behalf of the state.

During the proceedings, Ostria Hernandez waived his right to a preliminary hearing, and after responding to questions posed by the court, the court found that the defendant “freely, knowingly and voluntarily waive(d) his right to a preliminary hearing and the court bound him over for trial.

An arraignment date was set by the court for Aug. 18 at 2 p.m. 

The defendant faces six drug-related felony counts and one misdemeanor count. Pleas to each count have not yet been entered.

They include: three Felony E counts of manufacturing and delivery of cocaine in an amount greater than 5-15 grams, with the count further described 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. He also is charged with 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.

Bail was set for the defendant at the time of his arrest at $50,000.

An earlier story about Ostria Hernandez’s arrest, charges filed, and the setting of his bail is here: http://whitewaterwise.com/whitewater-man-charged-with-seven-criminal-counts-including-drug-manufacturing-possession-court-sets-50000-bail/.