Pubdate: Thu, 02 Dec 1999
Source: Milwaukee Journal Sentinel (WI)
Copyright: 1999, Milwaukee Journal Sentinel.
Contact:  414-224-8280
Website: http://www.jsonline.com/
Forum: http://www.jsonline.com/cgi-bin/ubb/ultimate.cgi
Author: Jean Matheson Special to the Journal Sentinel

MAN GETS 10 DAYS IN JAIL FOR SELLING NITROUS OXIDE AT ALPINE VALLEY SHOW

Undercover Sheriff's Deputy Waited In Line, Bought Laughing Gas,
Arrested Him

Elkhorn - An Illinois man has been sent to jail for selling balloons
filled with nitrous oxide, commonly called laughing gas, at an Alpine
Valley Music Theatre rock concert.

Authorities said concert-goers were lined up to buy the green balloons
as Christopher W. O'Connell, 20, filled them from a tank of nitrous
oxide during a July 24 performance by Phish.

An undercover sheriff's deputy stood in line, paid O'Connell $5 for
two balloons and then arrested him, according to a criminal complaint.

"He later readily admitted that he was selling nitrous oxide to
inhale, and he had a large amount of money on him," Walworth County
Assistant District Attorney Julie Nelson said at O'Connell's
sentencing Tuesday.

Sheriff's Lt. Tim Schiefelbein, head of the Walworth County Metro Drug
Unit, said in a telephone interview that the sale and use of nitrous
oxide to get high at Alpine Valley concerts is nothing new.

"It's been a real problem for years and years, but until last year,
use of nitrous oxide was only considered a food and drug violation,
and there was nothing much we could do about it," he said.

"Alpine Valley wouldn't tolerate (nitrous oxide) at the concerts, and
they'd throw people off the grounds," he said.

"Several times we had people who made several thousand dollars by
selling nitrous oxide to kids for $1 or $2 a hit."

Schiefelbein said Walworth County drug officers and Alpine Valley
officials worked hard for a state law, which took effect in July 1998,
that makes it a crime to inhale, possess or deliver nitrous oxide
except for dental or medical purposes.

O'Connell, of Evergreen Park, Ill., initially was charged with one
felony count of delivering nitrous oxide.

As part of a plea agreement, however, he pleaded guilty to a reduced
felony count of possession with intent to deliver the gas, which
dentists and physicians use as an anesthetic.

O'Connell told police that he got the gas in Chicago, according to the
criminal complaint.

He was sentenced to 10 days in jail, fined $1,000 and placed on
probation for three years.

Walworth County Circuit Judge John Race also stayed an additional
50-day jail sentence, which O'Connell must serve if he violates
probation; suspended O'Connell's driver's license for six months; and
ordered him to use no alcohol or illegal drugs.
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