News Brief: Motions in Drug Death Denied

Macomb County Circuit Court Judge Matthew Switalski denied two, pre-trial defense motions in the case of a 30-year-old St. Clair Shores man accused of supplying a lethal dose of heroin to his estranged wife.

Nicholas Barczi is one of the first people to be charged in Macomb County with delivery of controlled substance causing death, a life felony, for the overdose of Nicole Waives, 25, who died in July at Barczi’s apartment after she took heroin Barczi is alleged to have purchased in Detroit.

Defense attorney Steven Freers was unsuccessful in his attempt to have a jury consider if Xanax contributed to her death. Freers also was not able to bar prosecutors from introducing an "aiding and abetting" theory into their arguments.

The judge did approve Freers request to allow the Macomb County Sheriff's Department to photograph Barczi's jail cell where is alleged to have written notes on the wall, which were transcribed and turned over to police. Freers would not divulge the content of the notes that were allegedly taken from the cell.

Barczi will return to court on April 12. He is being held on $50,000 bond.