Judge leaves Vinton woman on pretrial release, despite drug violations

CEDAR RAPIDS - A Vinton woman charged with giving her 16-year-old son a rifle that was unintentionally fired by one of his friends, killing a 14-year-old Vinton girl last year, will remain on pretrial release, despite violations.

U.S. Chief Magistrate Jon Scoles agreed with a prosecutor Friday that Robyn Merchant, 52, failed to tell probation officers the truth about her marijuana usage, violated conditions of release by testing positive and not showing up for random urine screenings, but he ruled it's 'not sufficient” to revoke her pretrial release. 

Merchant was charged last week with one count of providing a firearm to a prohibited person in U.S. District Court. She is accused of purchasing a Walther HK MPS 22LR semi-automatic rifle for her son Dillon Winterroth, 16 at the time, the day before Emma Redlinger was fatally shot on Feb. 24, 2015. 

Merchant, also known as Robyn Winterroth, admitted to investigators that she purchased the rifle because her son wanted the gun for target practice and hunting. She also told police she knew her son was using marijuana. 

William Hines Jr., Winterroth and another teen were passing around the gun that day in Winterroth's bedroom when it discharged, hitting Emma in the head, juvenile petitions show. She died four days later. 

The teens initially lied to police about what had happened, but Hines eventually admitted to holding the gun when it discharged, according to the petitions. 

Assistant U.S. Attorney Lisa Williams argued Friday that Merchant had racked up five violations since being on pretrial release Feb. 18. On Feb. 27, she had a diluted urine sample and then on March 6 she didn't show up to provide sample but provided one on March 7, which tested positive for marijuana. She also failed to show up on March 21.  

Kristi Reynolds, federal probation officer, testified a diluted sample raises a red flag because the sample results can't determine drug use. Reynolds also said the March 7 sample tested positive at a local lab and at a national lab. 

Williams said Merchant initially lied to another probation officer on Feb. 18, saying she only used marijuana once back in December, but then after Scoles put her on pretrial release she told Reynolds she used around Jan. 28. 

John Burns, Merchant's lawyer, asked Reynolds wasn't it possible that she tested possible on March 7 because she downplayed her usage and if she smoked marijuana prior to being put on pre-trial release, couldn't it still be in her system. 

Reynolds said it was possible. She also said Merchant tested negative Friday, before the hearing. 

Williams argued there was evidence at Merchant's detention hearing two weeks ago that she is involved in dealing drugs out of her home and her 16-year-old son was dealing drugs. The teen also had the rifle that was used in the death of a 14-year-old girl. 

Scoles said he was going to give Merchant the benefit of doubt Friday but gave her a stern warning that if she tests positive again, the facts won't be in dispute and she will go to jail pending her trial. 

Merchant's son, Dillon Winterroth, now 17, pleaded guilty last week in juvenile court to misdemeanor drug charges and other charges. 

William Hines Jr., is charged with involuntary manslaughter, interference with official acts and harassment of public officers and employees, and will tried as an adult.