Courtesy photo Nickolas Corey

ALPENA — Nickolas Corey, 23, was denied a bond reduction in the 23rd Circuit Court in Alcona County on Tuesday.

He is chardged with one count of first-degree child abuse.

Presiding Judge Laura Frawley ruled against the defense counsel’s motion for the pre-trial release.

Defense Attorney Bill Pfeifer, representing Corey, filed a motion requesting a pre-trial release and a bond reduction. Pfeiffer cited further education that Corey has engaged in while incarcerated at the Alpena County jail, where he is completing his GED and a number of certificates.

“He’s trying his best to be productive while he’s at the jail,” Pfeifer said.

Pfeifer told judge Frawley that Corey had been “spending his time productively.”

To further support his argument in favor of his client, Pfeifer told Frawley that Corey would stay with his mother if released.

Pfeifer also noted that Corey has no prior criminal convictions.

Pfeifer requested that Frawley reduce Corey’s bond from $500,000 to $100,000, with cash/surety of 10%.

Alcona Prosecuting Attorney Elizabeth Reed objected to the pre-trial release and the bond reduction, citing concerns regarding the seriousness of the case and potentially creating an opportunity for Corey to engage in further criminal activity.

“People are concerned about continued criminal activity, risk of flight, potential consequences in this case, in the seriousness of this case,” she said.

Reed also mentioned that there is a no contact order between Corey and his child’s mother, Sabrina Horton. Reed added that though there had been no “concrete” evidence that the order had been violated thus far, Reed had heard “rumblings” that may prove otherwise.

Reed and Pfeifer confirmed that there have yet to be any plea deal negotiations, though Reed said that she is open to those conversations.

“I won’t say I won’t engage in plea negotiations,” Reed said.

Reed told Frawley that both herself and Pfeifer are “eagerly” anticipating results from video footage that may initiate plea negotiations.

“I need to see what happens, to see what’s there before we engage in anything seriously,” Pfeifer said.

Frawley acknowledged that Corey has no prior criminal convictions but noted the seriousness of his current child abuse charge.

“These are very serious charges … potential time consequences are great,” Frawley said, in regards to Corey. “You started out with a doozy.”

In response to Pfeifer’s request for a pre-trial release and a bond reduction, Frawley noted incidents of Corey and Horton collaborating to “fabricate some stories” to tell the police in regards to the instance of child abuse.

This evidence was revealed at a previous court hearing for Horton in February.

In January, The News reported that Horton and Corey were both arrested for charges linked to a child abuse case that began on May 24.

Horton was initially charged with one count of first-degree child abuse in Alcona County.

At Corey’s preliminary examination in February, The News reported that the victim in the alleged abuse was Corey and Horton’s three month old infant. Corey and Horton were previously a couple.

It was alleged that Corey was awake with his three month old infant on the night of May 22. On the morning of May 23, the child was struggling to breathe, was cold to the touch, and had his arms sticking straight out in front of him with clenched fists. Horton called 911 and the child was transported to MyMichigan Medical Center Tawas. From there, the infant was transported to Hurley Medical Center in Flint, and then to University of Michigan C.S. Mott Children’s Hospital.

Dr. Carla Parkin-Joseph, child abuse pediatrician at C.S. Mott, testified during the examination that the most consistent diagnosis, in relation to the injuries identified for the child, would be child physical abuse or abusive head trauma.

Abusive head trauma is the term now used for what was formerly called shaken baby syndrome.

Horton was formerly charged with first degree child abuse, but that charge was dismissed in a plea deal on Feb. 20, when she waived her right to a preliminary examination.

Horton will be sentenced for a charge of using computers to commit a crime and a charge of accessory after the fact to a felony.

At that appearance, Defense Attorney Devin Pommerenke for Horton questioned Horton to establish a factual basis for the guilty plea.

Horton said when the infant was admitted to the hospital on May 23, she communicated with Corey to ensure hers and his timelines of the event matched.

As part of the plea agreement, Horton agreed to testify on behalf of the prosecution against Corey.

At Tuesday’s status conference for Corey, Frawley used evidence of story fabrication as reasoning to deny Pfeifer’s request to lower Corey’s bond.

“I do have concerns that Mr. Corey will engage in that activity again,” she said. “I’m going to decline to change the bond at this point … I think it is appropriate.”

Frawley added that after Pfeifer has the chance to review the pending video footage evidence, she would “entertain” another filing.

“But for today, I think the bond is appropriately set given the seriousness of the consequences,” Frawley said.

Corey is scheduled for a status conference on July 7. His trial is set for Aug. 19 to 21 and the trial will resume on Aug. 24.

Horton was previously scheduled to appear for sentencing Tuesday but that hearing was adjourned. Horton’s sentencing is rescheduled for May 26.

Kayla Wikaryasz can be reached at 989-358-5688 or kwikaryasz@TheAlpenaNews.com.