KALAMAZOO (WKZO AM/FM) — The lawyer for Charles Pickett Jr., the man being held for allegedly running over 9 bicyclists last June is appealing a local court decision that the Prosecutor was justified to authorize 2nd degree murder charges in the case.
They have filed with the Michigan Court of appeals to dismiss those counts claiming there is insufficient evidence to bring second degree murder charges.
They also claim that Pickett was improperly questioned after his arrest and that his statements should not be allowed to be used against him at trial.
The other charges he faces have a maximum of 15-years. A conviction on the homicide charge could mean a sentence up to life.
The 51-year-old from Battle Creek was allegedly under the influence of an assortment of painkillers and muscle relaxants when prosecutors claim he struck nine members of the Chain Gang bicycle club, killing five and injuring four last June 7th.
Pickett is tentatively scheduled to go to trial this fall. That could be pushed back if appeals drag on.
