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John William Birkeneder, 38, was charged with two counts of attempting to sell a Schedule IV drug, specifically Clonazepam, which is an anti-anxiety/muscle relaxant.
The charges carry a maximum penalty of five years in prison and a $10,000 fine.
According to police reports,
about 9 p.m. Saturday, Birkeneder offered to sell an 18-year-old man the drug in the parking lot of Kwik Trip, 770 E. Broadway St. The man told his father about the solicitation, who then called police.
Officers arrived and discovered a single pill in a plastic container in Birkeneder’s pocket, according to police reports. Birkeneder reportedly told the police he had a prescription for it and wasn’t trying to sell it.
Police arrested him on suspicion he sold the drug and on a possible probation violation because a portable breath test found Birkeneder had a blood-alcohol concentration of 0.04 percent despite a condition he abstain from alcohol, according to police reports.
Birkeneder was charged Monday and remained in jail on $20,000 unconditional bail or $5,000 with conditions. He is set to return to court Dec. 18.
JulesLAX wrote on Dec 13, 2008 3:59 AM: