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Fireworks case moves to trial for MSU freshman

By Kate Jacobson Originally Published: 01/22/10 12:28pm Modified: 01/24/10 11:49pm 22 comments

*Wasielewski*

Wasielewski

An MSU student will stand trial for his alleged involvement in a November prank.

Political science and pre-law freshman Nikolai Wasielewski faces charges of conspiracy and accomplice after the fact for his involvement in a Nov. 1, 2009, prank, when he and three others allegedly threw a firework into the yard of an East Lansing resident’s home.

Judge David Jordon ruled Friday that the case will move forward to the Ingham County Circuit Court after the preliminary examination concluded Friday at East Lansing’s 54-B District Court.

Wasielewski and three other MSU students — economics freshman Darby Dudley, premedical freshman Olivia Hudson and communicative sciences and disorders freshman Sasha Savage — allegedly threw a firework into MSU student Eric Flatley’s Grove Street yard as a prank. Dudley said during Wasielewski’s preliminary examination in November that she knew Flatley. She also said the three others allegedly involved did not intend to scare anyone.

After throwing the explosive, they were stopped by police, who found two other explosives in the car Dudley was driving.

Dudley, Hudson and Savage said in November they plan to plead guilty to misdemeanor charges and will face probation and community service and no jail time. The maximum sentence for Wasielewski was reduced from 20 years to 15 years because “the people are unable to sustain their burden of proof,” Assistant Ingham County Prosecutor Diane Smith said. Michigan State Police bomb technician Scott Hasse testified Friday that the explosives had been altered from their original manufactured state. He said a green cannon fuse and glue were added to the main charge of the explosive.

“That isn’t typically found in the commercially manufactured charge,” Hasse said.

Hasse said he did not know the contents of the explosives found in the car driven by Dudley, however, when he ignited the device, he did find it exploded.

Andrew Sass, an attorney for Community Resource Management Company, which owns the house where the firework was tossed, testified that there was no damage to the property resulting from the firework. Sass said none of the four individuals being charged were given permission to ignite a firework on the property, but said he had not spoken with any of the tenants in the house.

Wasielewski’s attorney, Mike Nichols, said his client was “along for the ride” and the intent of the prank was not to scare or intimidate anyone. Smith said Wasielewski knew the act was illegal and was aware of the events that were to take place.

“They knew it was illegal, because they covered up the license plate and (Wasielewski) participated in that because he removed it after the fact,” Smith said.

Jordon said Wasielewski’s alleged involvement was enough to bind him over to circuit court with the charges.

Nichols said his client is innocent and the testimony of the other three alledgedly involved in the prank is proof of his innocence.

“The testimony is very clear that this young man was along for the ride and didn’t play any part in planning this thing, didn’t play any part in carrying it out,” Nichols said.


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Commentary

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the postman
(01/22/10 12:50pm)
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This case is a travisty. Our athletes run around the dorms looking to beat up anyone in range, and get slapped on the wrist. Then, when a freshman does something stupid with a firework, they threaten to put him away for 15 years! Madness! This kid could be a productive citizen, injustice in its most common form!


science student
(01/22/10 1:15pm)
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shouldn’t he get some independent study or lab credits for this? …he is pre-law afterall


really!?
(01/22/10 2:05pm)
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why isn’t he being given the same slap on the wrist as the other students? if anything he seems like the least guilty out of the bunch. What the hell is wrong with ELPD and prosecutor’s office? AND WHY THE HECK ARE WE WASTING TAX MONEY ON THIS! lets keep geology and cut some funding the prosecuting office so they can waste time on this crap.


me
(01/22/10 2:36pm)
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This article doesn’t say so, but presumably he was offered the same sort of plea bargain as the other people involved.

The felony charge does seem silly, but would you want to take that chance at trial?

Ouch.


lol
(01/22/10 2:44pm)
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i remember reading this story back when it happened late last year and I have one word for the entire thing – comical. i can’t believe the city is taking it this far. it was a firework and it was a prank not intended to hurt or injury anyone – throw them a fine of $200 and move on to doing more important stuff that will benefit EL and its citizens. this is a waste.


Homebrew
(01/22/10 3:33pm)
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Overcharge and then plea bargain. It is thier brainless strategy they have used for years.


Phuk Da ELPD
(01/22/10 4:16pm)
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Those brainless twits in blue have nothing better to do and the white pompous prosecutors and judges don’t earn a dime of their paycheck. They should all be summarily dismissed. They are worthless and this is a rediculous case. They make it sound like some pre-law freshman is an East Lansing terrorist. Damn them!! Damn them all!!


Jim
(01/22/10 4:29pm)
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They lit the fireworks! They lit the fireworks when they shouldn’t have!

Seriously, he’s charged after the FACE? Thanks SNEWS.


Ed T
(01/22/10 5:30pm)
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I respect this kid for sticking to his guns and taking this to trial … but, damn, he gets the wrong jury and it’s a felony conviction. Those are some big dice for a 19-year-old to be rolling with his life.


elpdDUMB
(01/22/10 6:02pm)
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ELPD and prosecutor seem have nothing serious to do but bully kids making prank? Have you had any clue who robbed the banks around greater lansing area? Why don’t you spend more effort catching the real bad guy?


LyleB
(01/22/10 6:46pm)
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Legal system run amuck. These prosecutors and the judge should be voted out of office for this waste of time and resources and absolute poor judgment.

They are an embarrassment to the State.

Gook luck to the students, but when the supposed “adults” and “authority figures” are so idiotic, I don’t hold out much hope.


Qin Shi Huandi
(01/23/10 1:34am)
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What ever happened to that carload of men rolling around EL beating people up? Seems like a much bigger deal than a silly firework.

To Wasielewski: Biała duma


Qin Shi Huandi
(01/23/10 1:34am)
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What ever happened to that carload of men rolling around EL beating people up? Seems like a much bigger deal than a silly firework.

To Wasielewski: Biała duma


Magyar641
(01/23/10 9:46am)
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If Wasielewski gets anything more than a slap on the wrist, I will not be voting for Dunnings III in the next election. I think this whole situation is ridiculous. I’m surprised the ACLU hasn’t gotten involved. Wasielewski’s lawyers should go to the national media. I think the consensus for this situation would show that Dunnings III is blowing this way out of proportion.


Jack
(01/23/10 12:45pm)
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I’m not sure why people think this kid should get off easy. He did something illegal, plain and simple. The crime carries very specific consequences and he either chose to remain ignorant as to them or disregarded them. He got caught and was very likely offered the same plea deal that his three friends took. He and his lawyer obviously believe he has a chance of prevailing at trial. If he does, good for him. If not, he’ll serve the appropriate time for his error as determined by a judge and jury of his peers.

Punishing crime isn’t about how major or minor the crime is, it’s about consistently applying the law across the board. I would expect anyone who does the same thing to receive the same level of attention from the criminal justice system, and to be offered the same options. No one is forcing him to go to trial. And, as always, the moral remains – don’t break the law.


D
(01/24/10 3:58pm)
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Above quote “Overcharge and then plea bargain. It is thier brainless strategy they have used for years.” Correct, East Lansing has many ordinances that are larger offenses then anywhere else. Take an open intox. everywhere else it is a civil infraction, in E.L it is a misdemenor so they can make a deal. This whole case is BS. WAY TO GO Wasielewski for fighting this. And we should start a revolution in this effing city and burn down city hall. Most Bureucratic city in the world.


K. W
(01/24/10 5:38pm)
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The one without sin should cast the first stone. We are so quick to pass judgments on an event that they were not directly an eye witness to. By all means, I’m not saying he should not be disciplined IF he did it. However, do so without a conviction, and a record with a beneficial type of program. instead of ruining his life before he can begin it. A rule in life is there are always two sides to every story and many people do bear false witness, such as people in our law enforcement. A story is always better when it is told in a discriptive emotional manner. Regarding the previous stmt who would ever vote for Stuart Dunnings 111. He has great influence and power in his position.He could start more preventative youth programs. Unfortunatly, he uses part of his power in determining how our taxes are being spent by placing the fate of our youths by quick fixing the problem and throwing them in prisons. His power is used in many abusive ways. For example, convicting a innocent young man Mccullum who had a jury trial where he was sentenced to life in prison without parole. He was released after a few years for being innocent and was given a pat on his back and given a sorry. What a gut-wrenching feeling! What if someone did not go on the other side and rescue him. Everyone involved in that conviction should have to serve the time in prison just as he had to. Him and his family should be awarded millions for that torture. Dunning’s power ruined that innocent family. It does make you think for a moment how many more cases are there that were wrongly convicted. Are we as a society that heartless to vote for him again? I did not. I’m sorry when you are granted that king of power, there is absolutely no room for mistakes. Everyone should have been fired and convicted immediately! I am old school an eye for an eye. In many situations as such, the charges are so above and beyond the actual crime committed. In many cases with just hearsay. What is our law enforcement doing to our children? Kids are going to do silly irresponsible rights and wrongs. People please think back at that age and remember how vulnerable you were in life. This is what life is all about… learning. Over the years, The legal system is getting extremely out of hand with prosecuting felony con-
victionsfor such stuff as firecrackers. they are taking advantage of the innocence in our kids. 95% of the time they don’t even know what they’re being charged with. I do know who would be an excellant replacement for Dunnings111: Joel Ferguson, Lansing would not be where it is today without his diplomatic business knowledge. I admire his fairness and intelligence.


Scarymary
(01/24/10 6:10pm)
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Alright Alright! You really got to be joking!!!!! What!

This is a prime example of how unjustly the Lansing courts are getting. This has happened many times where more than one person is convicticed of a crime. They will single one in the group out and hype up the charges to like 5 felonies to laws you have never heard of. By the the time the plea comes you are still convicted on a felony conviction. Where are our constitutional rights? You know the judge is going to believe the cops. Please legal system don’t waste my hard earned money because you guys have to make it look like your working s BIG case over dam firework that you can buy in the store. We are going to protect our own just like u do. For God sakes he is just a kid!!!! cop Bullies


LT10
(01/24/10 6:37pm)
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Diane Im sorry could you please make a name for yourself on a real crimminal. Did you college? Ok, No Burden of proof. Maybe you did not read that right or did not have your glasses on. I will show some manner and capitalize it for you, NO BURDEN OF PROOF.

Dismiss!!!!!!!!!!!!!!!!!!!!!!

Unfortunately, If he comes out with a ticket, the arrest charges will still be in the system. Why are they crucifying him. Poor Baby, Fight for your rights. hang in there


Anon
(01/24/10 9:37pm)
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Cool. Can we do this to the Einsteins on our football team too?


knolljus
(01/25/10 10:49am)
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I don’t understand why the girls aren’t being charged with the same thing, I think this is yet another case of sexism.


tom
(01/25/10 9:34pm)
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he was not offered the same plea bargain as the girls were… he has a different lawyer