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Judge: Evidence supports Srebnik unlawful imprisonment charge

News File Photo Brad Srebnik, left, sits with defense attorney Mike Vogler in Alpena’s 88th District Court in this October 2021 News archive photo.

ALPENA – A judge rejected a claim that Brad Srebnik was “merely present” when Joshua Wirgau allegedly held a gun to a tow truck driver’s head and demanded he drive three miles.

Srebnik’s attorney last week told Judge Lora Greene that the court should have dropped a charge of unlawful imprisonment against Srebnik when sending his case toward trial.

According to defense attorney Mike Vogler, the prosecution offered no proof Srebnik knew what Wirgau had in mind when Srebnik and a woman, Abby Hill, allegedly jumped on the back of the tow truck in September, allegedly holding assault-style rifles.

Alpena County Prosecutor Cynthia Muszynski disagreed, arguing that, according to the testimony of tow truck driver Greg Schuelke, Srebnik showed no surprise at Wirgau’s action and contributed by holding a gun, making Schuelke feel he had no choice but to comply.

Vogler did not return a call requesting comment for this story.

Greene sided with Muszynski, stating in an opinion issued on Friday that evidence indicated Srebnik knowingly helped Wirgau force the driver to transport the three.

Srebnik, the judge noted in her written opinion, ultimately released the driver, handing him $100 and telling him to leave.

Greene, of Montmorency County, presided over the hearing at the request of Alpena Judge Ed Black, whose decision to send Srebnik to the higher court on the imprisonment charge was challenged by Vogler’s motion.

Srebnik will continue toward trial on the unlawful imprisonment charge and two weapons charges. Wirgau faces the same charges and an additional charge of assault with a dangerous weapon.

Both men are scheduled to appear in court on Monday, with jury trials scheduled for early March.

Srebnik is held in the Presque Isle County Jail and Wirgau in the Alpena County Jail, both on $350,000 bonds.

Police have connected both men to the deaths of Alpena teen Brynn Bills, whose body police found buried in Wirgau’s back yard a week after the alleged hijacking.

Muszynski has called Srebnik a prime suspect in the death of Bills and of Hill, whose body police found in Alpena Township in October after declaring her missing and endangered.

Police have called Wirgau a person of interest in Bills’ death but have not publicly named him a suspect.

Muszynski has not charged anyone in the deaths. Neither police nor Muszynski have confirmed whether Srebnik or Wirgau might be charged.

Scroll down to view Greene’s decision regarding Srebnik’s motion.

Julie Riddle can be reached at 989-358-5693 or jriddle@thealpenanews.com. Follow her on Twitter @jriddleX.

Srebnik decision – motion to quash bindover by Julie Riddle on Scribd

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