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April 23, 2005

Deputy faces negligent homicide charge

By
Record-Eagle staff writer

      GAYLORD - An Otsego County sheriff's deputy is out of a job and faces a criminal charge in the traffic crash death of a fellow deputy.
      Andrew E. Nobliski was arrested and arraigned Friday on a negligent homicide charge, a high court misdemeanor.
      Nobliski, 27, was released on a $2,000 personal recognizance bond.
      He lost control of an Otsego sheriff's patrol car on Sept. 12 and the vehicle rolled multiple times. Deputy John Gunsell, 43, who was not wearing a seat belt, died from injuries received in the one-vehicle crash.
      The deputies were en route to the scene of an accident that had occurred more than two hours earlier.
      State police reports cite vehicle speed, road conditions and Gunsell's failure to wear a seat belt as factors in the fatality.
      Nobliski resigned from the sheriff's department on Thursday, a day before a disciplinary hearing with Sheriff Jim McBride was to determine his employment fate.
      A pending plea bargain with special prosecutor Charles Koop of Antrim County will be formalized early next week, said Nobliski's attorney, Kevin Hesselink of Gaylord. Hesselink refused to comment or give details of the plea.
      "He (Nobliski) understands that it's time to make a decision," Hesselink said.
      Koop could not be reached for comment Friday. Earlier this week he said Gunsell's family had input into the handling of the case, under state victim's rights laws.
      Koop was appointed special prosecutor in November by the state attorney general's office.
      Negligent homicide is punishable by up to two years in prison. Any offense punishable by more than one year is considered a felony charge, according to state law.
      Whether the plea bargain ends up as a misdemeanor or felony will determine if Nobliski can pursue police work elsewhere in the state. The Michigan Commission on Law Enforcement Standards precludes officers from serving if convicted of a felony, including acceptance of plea bargains.
      Nobliski hasn't commented publicly on the case, but in his resignation letter stated:
      "I do not enter into this lightly, as I have always taken seriously my responsibilities as a law enforcement officer. After much thought, prayer and wise counsel, I believe this to be in the best interests of both my family and the Sheriff's Department," he wrote.
     

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