By Eileen Persike

Editor

RHINELANDER – An Oneida County woman will spend 15 years in prison and another 15 years extended supervision for the 2022 death of Kyle Polinski, 29 of Rhinelander. Polinski’s death was determined to have been caused by fentanyl toxicity, a substance in drugs sold to him by Jasmine Lariviere.

Lariviere, 25 of St. Germain was found guilty by a jury in April of first degree reckless homicide, possession with intent to deliver narcotics and three counts of bail jumping.

During Lariviere’s sentencing hearing June 21, state’s attorney Mary Sowinski argued for a longer sentence than was recommended in the pre-sentence investigation report, citing the “overwhelming evidence of the defendant’s primary role in the sale of the drugs” to Polinski, and also the “callous nature” with which she approached drug sales.

“She knew that the drugs she sold to Kyle likely caused his death,” Sowinski said. “And was that enough to stop her from going to Green Bay and getting more drugs to bring back to this community and sell again?  The answer was no.  She took another sales trip.

“She brought those drugs here knowing the drugs she sold Kyle killed him. How does this court deal with a person whose mindset is, ‘I don’t care what happened, I don’t care that he’s dead, I’m going to try and make more money,’” Sowinski added.

Sowinski said the court needs to send a strong message that young men like Kyle Polnski do not have to die because people like Lariviere should not expect that they “can kill people for a few hundred dollars and get away with it.”

Defense attorney Antoni Apollo told Judge Daniel Overbey his client has turned her life around, was employed and remained sober since May 2022.

“She has taken proactive steps well before conviction, not to make herself look good in front of the court at the time of sentencing, but to put herself in a better position as she moved forward,” Apollo said.

Lariviere also addressed the court, tearfully saying she has changed and apologized to Polinski’s family.

“I want you to know that I never intended to cause harm to anybody, Lariviere said. “I wish there was something I could do to reverse what has happened. All I can do is learn from this, do whatever it takes to become a better person and make a difference in my life. I owe it to myself, my daughter and most importantly I owe it to Kyle who was the victim of this unfortunately situation.”

When it was his time to speak, Judge Overbey noted that it took until that day for Lariviere to show remorse, which he called “unfortunate.”

“The numerous letters I received in support of [Lariviere] portray her as a ‘loving, caring, hard-working loyal and kind person.’ Unfortunately, many of the letters began with a premise that Ms. Lariviere is not truly responsible for the victim’s death and that she was somehow herself a victim of the co-defendant…in terms of taking the rap for something he primarily did,” Overbey said.

Most troubling to the judge,  he said, was the pre-sentence investigation and some of the letters supporting the defendant demonstrate she is more remorseful about the consequence she is facing than the tragedy she created.

“She has taken superficial responsibility for her actions. She is quoted as saying, ‘I don’t want to say I regret it because this situation has taught me a lot’.’ I don’t think I would have stopped using drugs if it wasn’t for this situation. It is really unfortunate for the victim. This happening probably saved my life but cost someone else theirs,’” Overbey said.

“This further exemplifies her failure and acceptance of accountability. And I noticed this later in the psi and it was very disturbing to me – he reported how she “came to peace” with his death, with Mr. Polinski’s death,” Overbey added.

“It’s clear she does not grasp the magnitude o her actions and the impact it had on Mr. Polinski, his family and the community as a whole,” Overbey said.

Overbey handed Lariviere a sentence of 20 years in prison for reckless homicide; 10 years in custody, 10 years extended supervision; 10 years for possession with intent (fentanyl); five years in custody, five years extended supervision. These two sentences will be served consecutively for a total of 15 years in custody followed by 15 years extended supervision.

Lariviere was also given two six-year sentences for two felony bail jumping charges to be served concurrently; three years in custody and three years extended supervision.

Lariviere’s co-defendant in Polinski’s death pleaded guilty to a single count of first degree reckless homicide due to delivery of drugs in April 2023 and he is serving a 3.5 year prison term, followed by eight years of extended supervision.