Family of 2019 overdose victim calling on attorney general after criminal case dismissed in court
(CBS DETROIT) — The family of Denis Preka is calling on the attorney general's Office to move forward with criminal charges after their son died from an overdose after being given MDMA at a friends house.
The family says the Oakland County Prosecutor's Office tried to cover up a major blunder while the case was being presented at the county level.
Preka, 21, died in 2019. He went to a friends house to study and asked for Adderall. Instead, his friend's gave him molly. Investigators say Preka suffered for hours, and during that time, his friends recorded his reaction to the drug and posted it on snapchat.
The cause of death was determined to be severe edema and congestion of the lungs due to MDMA intoxication.
Preka's family won $75 million in a civil case, but they want to see the person responsible for their son's death behind bars. They also want to hold Karen McDonald and Marc Keast accountable for letting the suspect walk.
Before this case even went to trial, the Oakland County Prosecutor's Office was made aware of withheld evidence from an attorney previously assigned to the case that violated Brady laws.
This evidence would have helped the plaintiffs, but a judge said the evidence couldn't be used, deeming it unreliable.
The prosecutor's office said they would be unable to prove the case without that evidence leading to its dismissal.
Preka's parents claim this is all an attempt to cover up backdoor dealings between the defense and the prosecutor's office.
"The problem we have here is a dirty attorney who has friendships and pays $20,000 so his client can get away with murder. My son's blood has more value than $20,000 and Karen McDonald has to pay for what she has done," said the victim's mother Linda Preka Thom.
Oakland County Prosecutor Karen McDonald released a statement in response to these claims saying, "Our office operates with the utmost integrity at all times, and the suggestion that campaign donations play any role in those decisions is outrageous."
Full statement from Oakland County Prosecutor's Office:
Before I took office and before Marc Keast was assigned to this case, the prior assistant prosecutor withheld evidence. When we discovered that, we were required to disclose it to the defense attorney and the Court.
The Judge found that the prior assistant prosecutor committed a serious Brady violation, and suppressed evidence that was needed to prove our case beyond a reasonable doubt. We were ethically required to dismiss the case.
Our office operates with the utmost integrity at all times, and the suggestion that campaign donations play any role in those decisions is outrageous.
-Karen McDonald
The Attorney General's office says this case is still in the hands of the county prosecutor saying, "Our department has spoken with the victim's family on this matter, and are presently reviewing material they have provided us. While that review of material is ongoing, this case currently remains with the Oakland County Prosecutor's Office, and we have neither requested nor been referred the prosecution in this matter."