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May 26, 2005 Record-Eagle/Sheri McWhirter Andrew Nobliski talks with his attorney, Kevin Hesselink of Gaylord, before his sentencing hearing Wednesday in 87th District Court. Ex-deputy gets fines, probation(*)Crucial videotape accidentally erasedByRecord-Eagle staff writer GAYLORD - The special prosecutor who handled the patrol car crash that killed one deputy and resulted in charges against another had stern words for the Otsego County Sheriff's Department. "There was a clear missed opportunity to prevent this tragedy," Prosecutor Charles Koop said Wednesday. He also said the prosecution's case was hindered when a videotape recorded in the patrol car just moments before the crash was partially erased by a state police officer who accidentally hit the "record" button instead of "rewind" button while reviewing the tape. Koop made his remarks after a sentencing hearing for former deputy Andrew Nobliski, who was originally charged with negligent homicide in the traffic death of fellow deputy John Gunsell. Nobliski, 27, was driving the patrol car that rolled over on its way to an accident that had occurred two hours before. During the hearing, Koop said Gunsell's death was the result of a "culture of speed" among police officers, many of whom do not obey driving laws or speed limits. According to him, the patrol car was traveling 73-83 mph in a 40-45 mph zone. He said the Otsego County Sheriff's Department should have done more to enforce driving laws among officers because Nobliski has a history of reckless driving and Gunsell, 43, had a habit of not wearing a seat belt. Neither was wearing one when the accident happened. Nobliski pleaded guilty Wednesday to a reduced charge of reckless driving in a plea bargain, and the negligent homicide charge was dismissed. Otsego County Undersheriff Matt Nowicki, contacted after the hearing, said Nobliski's driving record wasn't "brought to light" until after the wreck and Gunsell was repeatedly reminded to wear a seat belt. "Could this have been prevented? Yes, by the two men in that car," Nowicki said. Tears filled Nobliski's eyes when he spoke to the family at the sentencing hearing. "This is the worst thing I've ever had to go through. I can only imagine what you're going through. I'm really sorry," he said. The plea bargain included Nobliski's resignation from the sheriff's department last month and $6,044 in restitution to the Gunsell family for unpaid funeral expenses. He is still eligible to work as a police officer elsewhere in Michigan. Kelly Gunsell, the victim's ex-wife, read aloud a statement written by her daughter, who was not up to the task in court. "He had so much left to teach all of us," she read, adding that Nobliski's children still have him in their lives, regardless of the damage to his reputation. District Judge Patricia A. Morse accepted the plea agreement and sentenced Nobliski to 100 hours of community service, $390 in court fines and fees and one year of probation. See Related Stories: Deal for ex-deputy won't be revealed - April 29, 2005 Deputy faces negligent homicide charge - April 23, 2005 Deputy may accept plea instead of trial - April 20, 2005 Otsego deputy may face charges in crash - April 5, 2005 Charges against Otsego deputy weighed - November 24, 2004 Crash that killed deputy still being investigated - September 14, 2004
Clearing the Record
Due to an editor's error, the original headline on this story did not indicate that Andrew Nobliski is a former Otsego County Sheriff's deputy.
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