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(FOX 2) - "I'm truly sorry for what I did, I'd deeply like to apologize," said Brian Kozlowski in court Thursday.
The man caught on video putting poison in his soon-to-be ex-wife’s coffee in 2018 received his sentence - 60 days in jail and five years’ probation.
Kozlowski also heard from his now ex-wife who explained the frightening moment she realized what was going on.
"I watched in horror as he poured himself a cup of coffee, took the blue substance and poured it into the pot," she said. "And swirls it around."
The victim who does not want to be identified, set up a surveillance camera after getting drowsy on her way to work and trying to figure why the symptoms continued, as she drank coffee from home over a period of several weeks.
"This was the morning rush hour, other commuters were everywhere honking at me, either warning me that I was about to hit a wall or trying to avoid a collision with me," she said.
Her victim impact statement revealed there were other sinister acts during the marriage not caught on tape.
"He loaded me up with Adderall during summer boat trips, put laxatives in my protein powder and now poisoning my coffee," she said.
Then the victim revealed one of the couple's children was also a victim after drinking the coffee laced with antihistamine.
"She proceeded to drive 30 minutes on a country road to her job, realized she was getting extremely tired on the drive and had a hard time staying awake," his wife said. "She was able to make it to her desk only to immediately fall asleep for two hours."
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Macomb man gets 60 days in jail for poisoning ex-wife's coffee with antihistamine
When Macomb County Prosecutor Eric Smith learned that retired, visiting Judge Anthony Viviano would sentence this defendant to probation, he railed against it.
"We are making sure the judge knows that we are expecting prison - we are pushing for prison and our victim is expecting prison," Smith said in a previous interview.
But Kozlowski's attorney felt otherwise.
"I'm petitioning this court, I want to save this man's life, I want to save his job," the attorney said.
"I am going to sentence him to a period of probation for five years," Viviano said. "The first 60 days will be in the Macomb County Jail. The 60 days can be served on weekends."
In a statement, the prosecutor called the sentence a slap in the face to the victim and the justice system. Smith says this case will move forward to the court of appeals.
Smith's entire statement is below:
"The sentence handed down by retired, visiting Judge Antonio Viviano was a slap in the face to the victim and the justice system in general. The defendant pleaded guilty to a 15 year felony in June for repeatedly poisoning his wife. The pre-sentence investigation report recommended a sentence of 38 - 180 months, yet the Judge sentenced the defendant to only 60 days, served on weekends,” stated Prosecutor Smith.
"The Court seemed more focused on ensuring the defendant’s freedom and ability to continue to work than the victim and her safety. It is troubling to think that someone who commits such a reckless crime, putting his wife and so many other people at risk, is able to walk away with such a light sentence.”