Two brothers from Spruce Head and Jefferson arrested on charges of trafficking in bath salts last July took plea deals in Lincoln County Superior Court on May 18 and neither will serve more than 45 days in jail if they follow certain conditions.
Herman “Rusty” Hoffman, 40, of Spruce Head, and Michael Hoffman, 38, of Jefferson, were both arrested July 3, 2014 after the Maine Drug Enforcement Agency as well as local, county, and state law enforcement agencies executed search warrants at Herman’s home and his then-Waldoboro-based business, Hoffman Collectibles.
At the residence, agents seized 301 capsules of APVP bath salts, approximately 1 gram of Pentylone bath salts, three handguns that were stored with the drugs, approximately $25,000 in drug proceeds, seven Maine electronic benefits transfer cards that Hoffman allegedly received as payment for drugs, and several Maine motor vehicle inspection stickers that were reported stolen, according to a July 5, 2014 release from the MDEA.
At Hoffman’s Collectibles in Waldoboro, where Michael Hoffman was an employee, agents seized 199 capsules of APVP bath salts, approximately $1,500 in drug proceeds, strips of Suboxone, and drug ledgers, according to the release.
Both brothers resolved their cases in Lincoln County Superior Court on May 18.
Herman Hoffman entered Alford pleas to charges of class B unlawful trafficking in scheduled drugs and misuse of public benefits instrument, and pleas of no contest to criminal forfeiture of the three firearms and $15,404.
An Alford plea is a form of guilty plea where the defendant does not admit guilt but believes the prosecution may have enough evidence to prove guilt.
Charges of class A aggravated trafficking in schedule W drugs, class D unlawful possession of schedule W drugs, and criminal forfeiture of $1,589, which Hoffman was indicted on in September 2014, were dismissed in exchange for Hoffman’s Alford plea to the class B trafficking charge, according to court documents.
Herman Hoffman was sentenced to three years incarceration with all but 45 days suspended and a $400 fine for the trafficking charge, and a concurrent 30-day sentence for the misuse of public benefits instrument charge.
Herman Hoffman will also be placed on probation for two years, with conditions including random searches and testing for drugs and firearms.
According to Assistant Attorney General Jamie Guerrette, the biggest issue with the case is that while there is no question that APVP bath salts were being sold, there was some dispute about whether Hoffman knowingly trafficked in what he knew to be a scheduled drug.
The drugs were purchased online from a website that purported the capsules were legal in all 50 states, and there was evidence that the batch of drugs seized during the execution of the search warrant were different from previous batches, Guerrette said.
Hoffman also had no other notable criminal history related to drugs, Guerrette said.
“This is a compromise,” he said.
According to Hoffman’s attorney, Justin Andrus, “We had a strong trial defense on the issue of Mr. Hoffman’s knowledge about the nature of the products.”
Hoffman did not hide his activities because he did not believe it was illegal at the time, Andrus said.
“There are a lot of people at risk of prosecution for substances that they really have no way to understand are illegal,” Andrus said May 19.
“We ultimately reached a favorable resolution because we could demonstrate to the state that it would have been difficult for Mr. Hoffman to understand what he had constituted a crime,” he said. “People need to be careful about that and people need to make sure when they’re charged with these crimes that the state can prove that knowledge component.”
Had the case against Herman Hoffman been “open and shut,” the sentence would have been larger, Justice Daniel Billings said. Still, the amount of time hanging over Hoffman’s head via the suspended portion of the sentence is significant to the court, he said.
A case pending against Hoffman for violation of condition of release in Knox County will be dismissed as part of the resolution, according to Guerrette.
In February, Herman Hoffman told The Lincoln County News he will never sell synthetic products at his store (now located in Wiscasset) again, even the synthetic marijuana products that are legal in most parts of Maine. “It is completely off our radar,” Hoffman said at the time.
Michael Hoffman pleaded guilty to two charges of class D unlawful possession of schedule W drugs for which he was indicted in September 2014 and a new class C charge of unlawfully furnishing schedule W drugs.
A class B unlawful trafficking in schedule W drugs he was indicted on was dismissed as part of his plea deal.
As part of a deferred disposition agreement, Michael Hoffman’s sentencing was delayed until next May.
If he complies with his bail conditions and the terms of his deferred disposition, the furnishing charge against Michael Hoffman will be dismissed and he will be sentenced to 30 days in jail on the other charges, according to court documents.
Michael Hoffman is subject to bail conditions of no use or possession of alcohol or illegal drugs and random searches and testing for such.
If he is not fully compliant, Michael Hoffman would face an open plea on all three charges, meaning he could face any legal sentence on the charges.
Michael Hoffman also pleaded guilty to a class E charge of violation of condition of release for possessing alcoholic beverages in violation of his bail, sentencing for which was also deferred for one year.
A call to Jeremy Pratt, Michael Hoffman’s defense attorney, was not returned by press time.
