Pubdate: Wed, 05 Nov 2008 Source: Wisconsin State Journal (WI) Copyright: 2008 Madison Newspapers, Inc. Contact: http://www.madison.com/wsj/ Details: http://www.mapinc.org/media/506 Author: Ed Treleven ACCUSED DEALER IN FATAL OVERDOSE USED BAR FOR SALES, POLICE SAY Drug customers looking for heroin, cocaine or OxyContin could usually find Ian Kies on a stool in an East Side Madison tavern from which police said he ran his business. An informant told police that he regularly saw a dozen or more customers line up around noon in a bar just off Atwood Avenue, waiting for Kies to arrive with narcotics concealed in a secret Velcro-fastened pouch under the brim of his black baseball cap, according to a criminal complaint filed in Dane County Circuit Court. Kies was in the Ohio Tavern, 224 Ohio Ave., when he sold heroin to the informant, a long-time customer. The drugs caused the overdose death of Cheryl Fosdal, 37, in October 2007 in an apartment in Stoughton. Kies, 36, of Madison, was charged Wednesday with first-degree reckless homicide in the death. Police consider him a suspect in another overdose death in December, the complaint states. He is not charged in the second death. He is also charged with manufacturing or delivering cocaine, two counts of manufacturing or delivering heroin, and possession of heroin, marijuana and hallucinogenic mushrooms, all with intent to deliver. The reckless homicide charge was issued under Wisconsin's version of the Len Bias law, in which providers of illegal drugs can be held criminally responsible for the deaths of people who use them. Kies had been free on $1,500 bail for a prior drug charge but now is being sought on an arrest warrant issued Wednesday on the new homicide and drug charges. Whatever Kies did at the Ohio, it was without the knowledge of the owner, Terre Sims, or her bartenders, Sims said. "He never did anything wrong in the Ohio Tavern that any of my bartenders or I had seen," Sims said. "It's certainly nothing we'd ever want." subhed According to the criminal complaint: Kies sold heroin on Oct. 26, 2007, to Randy Severin, who took it to Stoughton to give to his roommate and to Fosdal. The next morning, the roommate awoke to find Fosdal dead. An autopsy found she died from a heroin overdose. Severin, 39, pleaded no contest on Oct. 10 to first-degree reckless homicide for Fosdal's death. But under a plea deal, prosecutors will ask for probation if he provides testimony against others. Within a week of his plea, Severin told police about his history with Kies, from whom he had been buying drugs, including cocaine, marijuana and OxyContin, since late 2005. He said he bought heroin from Kies as many as 70 to 100 times from 2005 to 2007, mostly at the Ohio Tavern. Severin told police that Kies sat on a stool at the Ohio and used the underside of the bar as cover while he sold drugs. Sometimes, he said, Kies stepped outside or used the bathroom to make deals. Severin often saw as many as 10 to 15 others who "were obviously waiting for Ian Kies to arrive at his regular time between 12:30 and 2 p.m.," the complaint states. Kies kept his drugs hidden inside a compartment, held shut with Velcro, inside the brim of his baseball cap, Severin told police. subhed Although Kies is not charged in the other death, the complaint indicates police believe drugs he sold may have caused the overdose death of Marlin "Wizzard" Everson on Dec. 17 at the age of 41. When Kies was arrested on Sept. 11 on a drug-related charge, police found three pictures of Everson in his pockets, including one that had Everson's birth and death dates written on the back. Investigators were not available Wednesday to comment on the significance of the photos. Police last month interviewed a friend of Everson, who overdosed on various drugs, primarily cocaine and heroin. The man said he was a regular heroin user who met Kies in the summer of 2006 at the Ohio, and eventually bought drugs from Kies regularly. During those sales, the man said, Kies would take his cap off and he would hear the Velcro rip open as Kies retrieved the drugs secreted inside the compartment. On Dec. 16, the man said, he and Everson went to a party at the Ohio, where he saw Everson preparing a clear liquid that may have been cocaine for injection. Later on, he said, Everson showed him a baggie of heroin that he claimed he found and asked how to inject it. After Everson dropped the man off at his car that night, he said, he never saw Everson again. - --- MAP posted-by: Steve Heath