Kevin Cobus Found Guilty of Reckless Homicide

A jury has found Kevin Cobus guilty in the overdose deaths of Jamie Hansen of Muskego and Cody Riggs of Delafield on Thursday in Waukesha County court.

Cobus, of Waukesha, was found guilty of two counts of reckless homicide in both deaths under the Len Bias law, which renders anyone who delivers drugs to a person that results in their death liable for homicide.

Cobus remained unemotional while the verdicts were read, and will appear again in court on May 29 for sentencing.

Gary Schmaus, Cobus' attorney, told Muskego Patch that though he was disappointed, he was not surprised at the jury's verdict.

"This wasn't really surprising given our current climate, especially with heroin use being so much in the news. People want to do something, but truthfully I don't know that these convictions are going to help," he said. 

"We need to do more to strengthen penalties on the dealers, as well as work with the medical community in realizing what's being prescribed and how it has influence the rise in heroin use," Schmaus added.

Although he said his client didn't break down when the verdicts were read, Schmaus said he was prepared for the worst, and has also been devastated by the loss of Hansen and Riggs, whom he considered good friends.

The jury took just over two hours in coming to a decision in both cases, but a juror told Muskego Patch that they still struggled somewhat with the word "substantial" in regard to the cause of death being heroin.

"Because of Riggs' use of other drugs, including Zanax, we needed further clarification on what impact it would have on his heroin use," said Andy Schroeder, who was on the jury.

In addition, Schroeder said, "I don't agree that the state laws have been so broadly written to include regular users like Kevin, but we had to stick to what the law states, and really we had to come to this decision."

Thursday testimony brief before defense rested

Two witnesses took the stand for the defense — including Shawna Houk, a friend of Riggs; and Jonathan Selode, a longtime time friend of Cobus who also used heroin and knew Jamie Hansen. Both Hansen and Riggs died after overdosing on drugs, in July 2011 and January 2012 respectively.

It has been the defense's position that it was impossible to say that it was heroin that specifically caused their deaths given to either of the deceased. They have also maintained that Cobus, Hansen and Riggs were users together and that Cobus did not hold a higher "position" in the drug delivery system that they all used.

In closing statements, defense attorney Gary Schmaus told the jury that Hansen's boyfriend Kyle Obst was the one who hand-delivered the heroin to her, not Cobus. He also reminded them that Riggs himself was handed the drugs from a dealer the night be before he died.

However, the state reminded the jury that Cobus was a person who delivered heroin in this case as he helped arrange the purchase.

"Delivery in the eyes of the law is no more than the transfer of one substance from one person to another," argued Assistant District Attorney Susan Opper.

The state also used transcripts from text messages and from Cobus' own statements to argue that he was the only person to help supply heroin just prior to her death.

The defense asked the jury to consider that singling out Cobus was "not justice, it's not fair and you are the law in this case."

"Will the conviction of Kevin Cobus accomplish anything in the war on drugs? He's nothing more or less an addict not unlike any of those here," said Schmaus, pointing to a chart featuring the names of various dealers and users who were involved.

The state pounced on the argument and an accompanying chart of names indicating various users and dealers involved.

"You know what this is?" asked Opper. "This is nothing more than 'everyone else was doing it, so we shouldn't blame Kevin.' You are not here to send a message of the rightness or wrongness of everyone else — you are here to judge Kevin Cobus."

If convicted of both counts, Cobus faces a maximum penalty of $200,000 in fines and 80 years in prison.