ESCANABA - A Wisconsin man accused of breaking into two Subway restaurants in Escanaba last year is appealing a recent court decision denying dismissal of the charges.
Brook Evan Grzelak, 51, of Green Bay, is charged with five counts relating to the Dec. 12, 2012, burglary of the Subways at 536 N. Lincoln Road and 2311 Ludington St.
During a recent motions hearing in Delta County Circuit Court, the judge denied a request from Grzelak's attorney to dismiss the charges. The defense has since filed an appeal with the State of Michigan Appeals Court.
Grzelak was scheduled to appear in circuit court for a three-day bench trial this week, but that has been postponed because of the appeal filing.
Grzelak is charged with two counts of safe breaking, two counts of breaking and entering a building with intent, and one count of possession of burglar's tools. Each safe-breaking count carries a maximum sentencing of life in prison. The remaining charges are each a 10-year felony.
Grzelak allegedly illegally entered the two businesses, broke into a safe at each location, stole money and checks from each safe, and fled, according to testimony presented during his preliminary hearing in district court.
Earlier that night, an Escanaba Public Safety officer on patrol ran a license check on a suspicious vehicle parked behind a business on Lincoln Road, blocks away from both Subways. The van was registered in Grzelak's name.
Acting on this information supplied by Escanaba police, the Ashwaubenon Police Department in Wisconsin arrested Grzelak on a probation violation. Officers searched his vehicle and found evidence allegedly linking him to the Escanaba Subway burglaries.
Grzelak remains lodged in Delta County Jail in lieu of a $100,000 cash bond.