Man faces cocaine delivery trial after a fatal overdose at party
Suspect is Sterling Heights native, former Bowling Green football player
A Ferndale man is set to be arraigned on a cocaine delivery charge next week following a lengthy investigation after a Sterling Heights man died of a fatal drug overdose outside the suspect’s house.
Ferndale police were called to suspect Cody Silk’s house in the 3100 block of Edgeworth last year before 8 a.m. Aug. 29.
There had been a party at the house that started the night before, said Ferndale po- lice Officer Jillian Mahlmeister.
A woman at the house called 911 when she found two men unresponsive on the front lawn near the porch, police said.
Police officers arrived and administered Narcan, an opioid antagonist, to the two men.
One of them, a Clawson man, 29, was revived and treated. But the Narcan had no effect on Raul Lupean, 28, of Sterling Heights, who died.
A toxicology report from the Oakland County Medical Examiner showed that Lupean had cocaine, alcohol, and fentanyl, a powerful opioid up to 100 times stronger than morphine, in his system when he died.
Silk is not charged in connection with the death after a long review of the case by Oakland County prosecutors.
But the scope of the police investigation led to the suspect being charged with manufacture/delivery of less than 50 grams of cocaine, a 20-year felony.
Formerly of Sterling Heights, Silk played football at De La Salle High School in Warren and for Bowling Green State University in Ohio as an offensive lineman. He sued the university, saying he had three concussions before he was permanently pulled from practice in 2010, according to the Associated Press.
Bowling Green denied doing anything to injure Silk, but gave him a $715,000 settlement in 2016 rather than risk the expense and uncertain outcome of a trial.
“The two overdose victims were visiting the house where Silk lived with another male,” Mahlmeister said. “At some point during the night of the party the two overdose victims went outside to smoke and never returned, and they were discovered the next morning by one of the (women) who attended the party with them.”
Police who responded to the 911 call interviewed Silk, his 38-year-old roommate and a Ferndale woman, 30, Mahlmeister said.
During the police investigation police found Silk provided drugs used at the party, she added.
“It took some time to develop the case,” Mahlmeister said.
Silk’s attorney, Dov Lustig, said it’s tragic that someone died, but his client denies he gave anyone drugs the night of the party.
“I think the police felt compelled to submit the case for charges” because someone died, Lustig said. “There’s no hard evidence Cody supplied the fatal drugs, which was fentanyl. “I think there’s a question of whether there was a second supply of drugs.”
Lustig added that the two overdose victims were out after the party was over. “Nobody knows who gave who drugs,” he said.
Police recovered drug paraphernalia and cocaine inside the house, but no one was arrested at the time. Lustig said there was no fentanyl at the house.
Ferndale police turned their investigation over to county prosecutors March 3. The prosecutors issued a warrant charging Silk last month.
He was notified and turned himself in to police and was arraigned in Ferndale 43rd District Court on July 9.
Silk is free on a $25,000 personal bond.
“He was cooperative throughout the investigation,” Mahlmeister said. “He was not interviewed after he turned himself in.”
Silk was ordered to stand trial in Oakland County Circuit Court following a probable cause hearing Monday before Ferndale District Judge Joseph Longo.
He is scheduled to be arraigned for trial before Circuit Judge Kwame Rowe at 9 a.m. Sept. 3.