Wednesday, June 12, 2019, Novi, Michigan
Arraignment before Honorable Andrea Richardson
Wednesday, June 12, 2019 10:30 a.m.
THE COURT: Your name, sir?
THE DEFENDANT: Nicholas Remington.
THE COURT: I’m sorry?
THE DEFENDANT: Nicholas Remington.
THE COURT: All right. Calling the matter People versus Nicholas Remington. This is case number 19- 002619.Sir, you are here to be arraigned on a felony offense of delivery of controlled substance causing death. The complaint and warrant reads that you did deliver three, four napo –- napodelaz methylphdimine in other words, MDMA and or MDA to another person in violation of state law that was consumed by Denis Preka and caused his death. This is contrary to state law; it is punishable by up to life in prison or any years. Do you understand what’s been charged?
THE DEFENDANT: Yes.
THE COURT: Do you understand the possible penalties?
THE DEFENDANT: Yes.
THE COURT: Before I go any further, sir I advise you of your rights because you’re charged with a felony. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford one one must will be appointed. If you choose to answer any questions, sir you have the right to cease the questioning process at any time and request an attorney. Do you understand these rights?
THE DEFENDANT: Yes.
THE COURT: Being advised of these rights how do you wish to plead not guilty or stand mute?
THE DEFENDANT: Not guilty.
THE COURT: The matter will be scheduled for a probable cause conference as well as a preliminary examination. You have a right to those hearings within 21 days. Are you retaining an attorney, or will you need a court appointed?
THE DEFENDANT: I believe I have an attorney.
THE COURT: Okay. Just so the record’s clear I think there was something about an attorney being retained. However, we don’t control the time for our arraignments. Arraignments from Oakland County Circuit or Oakland County Jail are scheduled for our court at 10:30 and there’s no attorney here so I will proceed with the arraignment. With respect to bond, first I will hear from Oakland County Pretrial Services and then I’m –- the Detective over the case.
MS. KIDDER: Ellen Kidder, Oakland County Pretrial Services. The decl –- the Defendant declined to be interviewed at the Oakland County Jail requesting an attorney. He’s 20 years old and jail records indicate he is single and resides at 46640 Pinehurst in Northville. His employment status, his use of drugs or alcohol and his physical and mental health concerns are unknown at this time. Per the Detective the Defendant is a student at the University of Michigan. It appears that the Defendant does have a history of illegal substance use or possession per JDW and court records. His criminal history involves mostly drug and destructive related charges. He’s 20 years old and available records do not show a previous juvenile history. He does not have any other outstanding warrants or holds. The date of offense for this matter is 3-18-19 and a complaint and warrant were issued yesterday. The Defendant is currently in the custody of the Oakland County Jail on a violation of probation for Sixth Circuit Court suppressed case. Further details are listed in his criminal history. He does have a scheduled release date for that matter of 7-20-19. His probation officer or Agent Lazarowski was contacted and stated that a violation of probation will be submitted for the Defendant regarding this matter. Also, per the Detective and the police report the alleged deceased victim is Denis Preka. It appears that the Defendant and the alleged victim were at a residential party together at the time of this incident. Based on the limited information available that he’s on probation for a suppressed matter and due to the serious nature of this offense we do have concerns for public safety. So, we are not recommending. that he be released on his own recognize. If he is, he be supervised by pretrial services, not using any drugs or alcohol, participate in the substance abuse testing, not have any firearms or dangerous weapons and have no contact with the family of Denis Preka.
THE COURT: Thank you. Detective Mince.
DETECTIVE MINCE: Thank you, your Honor. Detective Mince, City of Novi Police Department. Your Honor, we would respectfully request a high cash bond in this matter per Detective Balog the Detective assigned to this case the day after this incident we are in fear for public safety where he was already attempting to sell more of the same narcotics the day after that this incident happened. Also, he was on –- making contact with other subjects that were at the party telling all the subjects to keep their mouths shut, so the witnesses are also in fear at this time.
THE COURT: Okay. Thank you. Okay and just –- before I even get into that I did just see in the file there was an appearance filed, sir by your attorney. So, you do have an attorney in this matter, but he had recommended that we do this in the afternoon and that’s not possible. We do our arraignments in the morning from the Oakland County Jail. With respect to bond first of all I’ll go over all of the conditions of the bond. You’re to have absolutely no contact with the family of Denis Preka or any witnesses in this case. You said it was a house party. Do you have thee names of the people who were at the house?
DETECTIVE MINCE: Should be on the –- on the witness list. I don’t have that with me here.
THE COURT: So, on the witness list I show a Connor Gibaratz, an Andrew Hanosh, Paul Robert-Barreto Wiedmaier. So, no contact with any of those individuals or any other witnesses or parties who were at the home. Do you understand, sir?
THE COURT: Paul Robert-Baredo Wiedmaier, it’s on the witness list so I’m just –-
THE DEFENDANT: Yes, there was only Connor Gibaratz and Paul Weidmaier. I don’t know what those names you said were.
THE DEFENDANT: Yes.
THE COURT: -- just gonna say not that person. If know any of them then it’s no problem.
THE DEFENDANT: Yeah.
THE COURT: Okay. You’re not to assault, beat, molest or in any way verbally harass, intimidate or threaten witnesses. You must appear for any and all court proceedings. Do not leave the state without the permission of the court. Notify the court in writing of any change of address or phone number. You’re absolutely no drugs or in any way verbally harass, intimidate or threaten alcohol, or any marijuana, any illegal drugs, any non- prescribed drugs of any kind. Do you understand?
THE DEFENDANT: Yes.
THE COURT: And you will be tested at four times a week. No firearms or dangerous weapons, no new criminal offenses. There will be pretrial supervision. With respect to the amount of the bond, MCR 6.106(a) guides the court on how to set a bond and what to look for when we set a bond and the things that I must look to, sir under MCR 6.106 App, says if your prior criminal record which you’re out on bond or whether you’re on probation for, whether you’re a flight is there a concern for appearance? I am concerned with respect to that because this has –- is a life offense. many history of substance abuse or addiction, which your felony did deal with substance abuse and addiction. The reputation for dangerous –- being dangerous. There’s a reputation for dangerous when we look at the fact that the conduct allegedly was continued and you’re on a probation for a drug offense and now someone has died as result of these drugs. The seriousness of the offense. That’s another thing I have to look at and looking at the seriousness of this offense. It’s just very serious it caused; it was –- it caused death. It’s the death of another person. For those reasons, sir I do find you to be a flight risk. I do find you risk, to be a danger to our society and to safety of the public and the bond is $1,000,000 cash surety no 10 percent. Thank you.
DETECTIVE MINCE: Thank you, your Honor.
THE COURT: Your welcome.
DETECTIVE MINCE: Thank you, have a good day rest of the day.
THE COURT: Your welcome. Thank you. Oh, I need the file. I’m sorry. While you’re still on to–Detective Mince, if –- if he posts bond –-
DETECTIVE MINCE: We would request a GPS tether if he does post bond.
THE COURT: Would you? All right. Sir, I didn’t say that part. Are you employed?
THE DEFENDANT: No. I mean I just got a job at Five Guys right before I came here.
THE COURT: Oh.
THE DEFENDANT: But I’m mostly a student. I have – -I don’t–-I–-I didn’t work at all there I just got interviewed.
THE COURT: I’m gonna do a GPS tether prior to release and it will be only to and from –- are you in school for the summer?
THE DEFENDANT: Not currently. I haven’t signed up for any classes.
THE COURT: And you –- who do you live with?
THE DEFENDANT: I’m –-
THE COURT: And who –- who do you live with? Who do you live with?
THE DEFENDANT: My parents.
THE COURT: Okay. So, you can only go to and from medical emergencies, court, testing, your attorney’s office if you posted bond. All right. Thank you. Now I’m done. You can go away from the screen now. Thank you. I need the file to look at the witnesses’ names.
DETECTIVE MINCE: Thank you, your Honor.
THE COURT: Your welcome. Thank you, Detective. (June 12 10:44 a.m proceedings concluded)
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