Supporters of Dr. Lukasz Niec say an arrest warrant was denied when allegations of abuse were submitted to the prosecutor.
BATTLE CREEK, MI — The wife of a Kalamazoo doctor jailed by U. S. Immigrations and Customs Enforcement says child abuse allegations reported in the media are meritless.
Meanwhile, a bond hearing for Dr. Lukasz Niec could be moved up, though the date is not confirmed.
Niec, 43, was arrested by ICE agents Tuesday, Jan. 16, at his home near Kalamazoo, because of two misdemeanor convictions on his record. Niec, a doctor with Bronson Healthcare, came to the U. S. from Poland when he was 5 years old.
During a Wednesday, Jan. 24, visit, Niec’s wife, Rachelle Burkart-Niec, and colleague, Penny Rathburn, said allegations of child abuse recently reported in the media are false.
« We of course have talked about the latest in the news about the CPS allegations probably being the thing that inspired the ICE visit and arrest, » Rathburn said after visiting Neic at the Calhoun County Jail, where he is being detained.
She said the Michigan State Police reviewed the case and no charges were filed.
While a warrant was denied related to the allegations, she said a Child Protective Services case is continuing. She said she is confident the CPS proceedings will not show any wrongdoing.
The Wall Street Journal reported Tuesday that Niec had been investigated for child abuse.
ICE officials confirmed Wednesday the agency began an investigation as a result of child abuse allegations against Niec.
In response, Burkart-Niec on Wednesday showed MLive/Kalamazoo Gazette a MSP « charging request » related to a July 14,2017 child abuse allegation that was submitted to the Kalamazoo County Prosecutor’s Office for review.
Under « explanation of denial, » the document states, « It is not clear that the bruise was a bite mark, who was responsible, or when it occurred. There is insufficient evidence that (Niec) caused the harm… »
Kalamazoo County Prosecutor Jeff Getting said the office does not publicly comment on instances where an arrest warrant request was denied.
Deportation officers with ICE Enforcement and Removal Operations (ERO) arrested Lukasz Niec on Jan. 16, for administrative immigration violations, ICE officials said in a statement released Tuesday, Jan. 23.
« Mr. Niec entered the United States lawfully in 1979. He is amenable to removal proceedings as a result of two 1992 state convictions for malicious destruction of property and receiving stolen property, both of which are crimes involving moral turpitude, » ICE said.
« He most recently came under agency scrutiny as a result of 18 encounters with local law enforcement, » ICE said.
The agency did not answer questions about the specifics of those encounters.
Kalamazoo County District Court records show Niec has 22 cases generated from 18 contacts with police. Violations include four no proof of insurance violations, seven speeding tickets, failure to change address on license, causing an accident, careless driving, seat belt violation, driving without due care, and parking near a fire hydrant.
Niec pleaded guilty to a 2008 operating impaired by liquor offense in Kalamazoo County. He completed probation, and the conviction was set aside, the plea withdrawn and the case dismissed, as part of a plea agreement.
He was charged with domestic violence in 2013 and a jury found him not guilty after a trial, record show.
During the 40-minute visit Wednesday at the Calhoun County Jail, Niec shed tears, Rathburn said, while talking about stories of other people facing deportation, and again when he was told about all of the support for him.
Niec’s attorney, Russell Abrutyn, said Wednesday that a hearing date was originally scheduled for Feb. 7, but has since been moved up. He declined to give the date when asked.
Abrutyn said he plans to use a waiver in Niec’s defense that was abolished by Congress in 1997, but remains available for permanent residences for crimes happening before 1997.
The waiver would allow a judge to weigh different factors in the case, such as Niec’s length of residency in the U. S., service to the community, and the hardship to him and the community if he is deported, to make a determination, Abrutyn said.
Since MLive broke the news of Niec’s Tuesday, Jan. 16, arrest, national and international news outlets have picked up the story including The Washington Post, Time, The Wall Street Journal, and others.
After a week in jail in Battle Creek, Niec was moved to a different part of the facility as of Tuesday at 3 p.m., and now he’s only with immigration detainees, Rathburn said.
Burkart-Niec said she needs him back home, noting that her daughter is distraught. They miss his cooking at home, among other things, she said. Niec’s daughter was sent to her mother when Niec was arrested, Burkart-Niec said.
She said Niec was concerned about the hardships his fellow detainees face.
« It’s almost like if he did get his walk out, he would let someone else go out in front of him, » Burkhart-Niec said. « He’s just so sad for everyone else in there too. »
They’re hopeful his bond hearing, originally scheduled for Feb. 7, could now happen on Friday, Jan. 26, though the date has not been confirmed.
