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Overdose case moved to circuit court

News Photo by Mike Gonzalez Gavin Krueger waits for his case to be called at the 88th District Court on Tuesday.

ALPENA — Gavin Krueger, a 27-year-old Ossineke man facing charges of supplying drugs to two individuals who died of drug overdoses, has had his case transferred to circuit court after 88th District Court Judge Alan Curtis found enough probable cause to move it.

The decision to move the case to circuit court was made after the defense and the prosecution questioned and cross-examined four witnesses: Michigan State Police Troopers Kyle Kettler and Alex Karsten, EMS Operations Supervisor and Senior Death Examiner Nick Harrison, and Kelli Smith, girlfriend to one of the people who died of a drug overdose.

Krueger is currently facing two counts of delivery of a controlled substance causing death, one count of using a computer to commit a crime of twenty years to life, and one count of possession of a firearm while committing a felony.

The first witness called by the prosecution was Kelli Smith, who testified to having discovered the two victims’ bodies at one of the victim’s houses on the morning of March 18, 2023.

According to Smith, she was on her way back from work when she noticed the car her boyfriend was driving was still parked at his friend’s house and also noticed that the car had not moved all night since it had snowed previously and no tire tracks were seen.

Smith testified to trying to get into the house to see her boyfriend and friend when she saw both victims slumped in their computer chairs. Once inside, she claimed to have checked on each of them and, when she realized that something was wrong, she called the authorities.

According to MSP Trooper Kettler, he was involved in investigating the deaths and executing the search warrant on Gavin Krueger.

He testified to MSP seizing the deceased’s phones and finding that one of the victims texted a number under the name “Gav,” in which they discussed a deal of $425 for a quarter of an ounce of cocaine.

After the drug exchange, another text was sent to “Gav,” saying that the product tasted different than previous times.

Kettler said when investigating the scene of the overdose, a large package that was recently opened was found with a powdery substance inside. Lab results found the substance to mostly be fentanyl.

According to Senior Death Examiner Nick Harrison, the level of drugs that the deceased consumed were some of the highest that he had seen come out of a lab result.

Kettler said that after consulting with Smith about any leads on the “Gav” that was found in one of the deceased’s phones, MSP was directed to Gavin Krueger as a leading suspect for the source of the fentanyl provided to the victims.

After tracking Krueger to an apartment, which had the same number as the mailbox the deceased were supposed to get the drugs from, Kettler and other troopers at the MSP-Alpena Post drafted and executed a search warrant at his apartment.

Kettler said troopers found a black package similar to the one found at the deceased’s residence that had the fentanyl. They also found a handgun in Krueger’s nightstand, next to his bed in his bedroom.

While the handgun has not been tested to see if it is still functional, the prosecution and Judge Curtis noted that the firearm must only be in Kruger’s possession while he commits a felony to support the charge.

According to Kettler, Krueger was interviewed around the same time as the search and confirmed the number the victim was texting was his new phone number.

Krueger also allegedly confirmed to MSP that he recently sold cocaine to one of the victims. He allegedly obtained the controlled substance on his way back to Michigan from Florida in Nov. 2022 and wanted to make a “quick buck,” so he sold the substance to the victim for $425 after purchasing it for $325.

After the interview, MSP let Krueger go, but the defendant was later arrested on July 23, 2023, in Vero Beach, Florida by the Indian River County Sheriff’s Office for the death of two men in Alpena Township who died from a drug overdose on March 18.

No arraignment date has been officially announced yet for the circuit court.

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