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Alpena Overdose Death case leads to Cobbs Hearing

ALPENA, MI – Philip Nowicki IV is facing any number of years in prison for his involvement in the overdose death of a 27-year-old woman from Alpena on Christmas day 2012.PHILIP JOHN NOWICKI IV

Nowicki and a second defendant, Michael Clegg, are accused of  giving the victim an unknown quantity of methadone on December 25, 2012 which resulted in her death.

Another crime that Nowicki and Clegg are believed to have committed is sexual assault to the victim while she was incapable of making rational personal decisions while high on the crippling amount of methadone she was given.

Michael Clegg plead guilty on November 3rd, 2014 to a single count of Delivery of a Controlled Substance causing Death.

Three other charges that Clegg had been facing were dismissed, including criminal sexual conduct (CSC) – 1st degree.  Clegg will be sentenced December 1st, 2014.

Philip Nowicki is currently serving time in prison on an unrelated Heroin charge.  He is locked up at the Pugsley Correctional Facility in Grand Traverse County.

Nowicki appeared via video conference in court in Alpena this week from prison concerning the multiple charges that he is facing.  Like Clegg, Nowicki is facing a charge of Delivery of a Controlled Substance causing Death.

Because Philip Nowicki is disputing several items in a pre-sentence report provided to the courts and to his attorney, a Cobbs Hearing has been granted.

A Cobbs Hearing is where the prosecutor and defense attorney can meet with the judge in his chambers to discuss sentencing possibilities. This is referred to as a Cobbs hearing (People v. Cobbs, 443 Mich 276 [1993]).

This gives the judge the opportunity to review the facts of the case, the criminal history of the defendant, and the positive attributes of the defendant, so he can ultimately share with the defense attorney what sentence he would likely impose.

One only needs to look at the Michigan Department of Corrections website for information on Philip Nowicki to see that the judge will probably not be swayed a great deal.

Nowicki is only 34-years-old and has several items on his rap sheet dating back to 2004:

  • Controlled Substance-Delivery/Manf., Nar/Coc <50 Grams
  • Controlled Substance-Delivery/Manf., Nar/Coc <50 Grams
  • Controlled Substance-Delivery/Manufacture Marijuana
  • Controlled Substance-Delivery/Manf., Nar/Coc <50 Grams
  • Controlled Substance-Delivery/Manf., Nar/Coc <50 Grams

The Cobbs Hearing for Nowicki is scheduled for December 15th, 2014.  Because he is eligible for parole on January 5th, 2015, the courts want to settle the current charges.

Both Clegg and Nowicki’s future rests in the hands of the court.  The result  could be life imprisonment or any other terms deemed appropriate by the presiding judge.

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