Macomb County Circuit Court Judge James Biernat denied a motion to dismiss a charge against a St. Clair Shores man charged with supplying his estranged wife with heroin.
Nicholas Barczi, 29, is charged with delivery of a controlled substance causing death to Nicole Waines, 25, of Warren.
This is the first time the charge was filed in the county. If convicted, Barczi could be sentenced to life in prison.
He is accused of supplying heroin to Waines, who died from an overdose at Barczi’s apartment on Little Mack, St. Clair Shores police said. Her body was found in a bed July 15.
Steve Freers, Barczi’s attorney, said that the autopsy and testimony from county Medical Examiner Dr. Daniel Spitz indicates that Waines died from a combination of heroin, alcohol and prescription drugs. He questioned whether the death from a combination of the substances fell within the statute.
Freers said today that he received Biernat’s opinion Saturday. He said Biernat did not think the district court magistrate abused his discretion and that there was enough for probable cause. He said that he would have liked the opinion to say more about the causation issue.
Freers said he is considering hiring a medical expert, another forensic pathologist, because of his question about how the law will be interpreted in regard to the combination of substances.
A pretrial is set for Tuesday in Circuit Court.
Colin A. Daniels