The attorney for a 30-year-old St. Clair Shores man accused of supplying his wife with a lethal dose of heroin last summer failed last week to get approval on two motions, while a jailhouse “snitch” may be contributing to his client’s ultimate conviction.
In Macomb County Circuit Court March 3, Steven Freers unsuccessfully sought to limit Macomb prosecutors from using the “aiding and abetting” theory in trying to convict Nicholas Barczi, who faces a charge punishable by up to life in prison.
Barczi is being charged with delivery of a controlled substance causing death for the July 14 death of his estranged wife, 25-year-old Nicole Waines of Warren.
Prosecutors say the two drove to Detroit, Waines behind the wheel, and Barczi purchased the drug. The two then went to a CVS Pharmacy for needles and reportedly took the heroin at Barczi’s residence at the Moulin Apartments on Little Mack. A toxicology test proved that Waines’ death was the result of a lethal dose of heroin she ingested. The autopsy showed Waines also had Xanax and alcohol in her system.
Freers also wanted a jury to be allowed to consider whether the Xanax she took also caused her demise.
Macomb County Circuit Court Judge Matthew Switalski denied the motion, saying the standard instruction will suffice, and rescheduled Barczi’s pretrial conference for 8:30 a.m. April 12 to allow time to examine statements made by another county inmate who reportedly copied down questionable declarations that Barczi had written on a maximum security cell wall.
“Statements that could be used against him in a trial,” said Freers. “They’ll polygraph the snitch and see if what he’s reporting is true or if he’s just trying to get me.”
Freers said there’s a possibility of a plea negotiation next month.
Barczi and Waines were married in January 2010 and had separated shortly thereafter. Waines filed a personal protection order against Barczi and filed for divorce on June 14. The two had been living separately, but met up on that July evening.
Barczi is in a Macomb County Jail in lieu of paying the $50,000 bond. He has prior drug possession charges and a charge of maintaining a drug house.