KALAMAZOO, Mich. – A depressed Charles Pickett Jr. swallowed a handful of pills and said “I’d be better off dead’’ before running his pickup into a line of bicyclists, an assistant prosecutor said Tuesday in opening statements at Pickett’s long-anticipated trial for second-degree murder.
“Sudden and abruptly, without warning, these nine people were run over from behind,’’ Kalamazoo County Assistant Prosecutor Michael Kanaby told jurors.
The June 7, 2016 crash killed five and injured four others near Markin Glen Park north of Kalamazoo. Pickett is facing multiple charges, including five counts of second-degree murder. The trial in Kalamazoo County Circuit Court is expected to last two weeks.
Pickett was travelling at least 58 mph in a 35 mph zone and there was no sign of braking until after the first rider was struck, Kanaby told jurors.
Pickett, of Battle Creek, attended a funeral for a relative and had been “down and depressed’’ the day of the fatal crash, Kanaby said.
A woman who was with Pickett said he returned to a Red Roof Inn in Kalamazoo and “downed a bunch of pills that he had dumped into his hands,’’ Kanaby said.
“His parting words to her were ‘I’d be better off dead,’’’ Kanaby said, noting that Pickett left the motel about 5:30 p.m.
Less than 40 minutes later, police started receiving calls about a reckless driver. The first call came at 6:07 p.m.
“He was using the bike lane to pass,’’ Kanaby said. Pickett at times hit the curb, drove on the sidewalk and on lawns and at one point narrowly missed a house and a tree.
The erratic driving ended at 6:29 p.m. when his 1996 Chevrolet pickup came upon a group of nine cyclists travelling in a single-file line on the shoulder of North Westnedge Avenue.
Pickett was arrested by responding officers. A test of his blood showed the presence of “multiple controlled substances,’’ including methamphetamine, hydrocodone and tramadol, Kanaby said.
“The evidence will prove that he did act in wanton and willful disregard of the likelihood that the natural tendency of his actions would be to cause death or great bodily harm,’’ Kanaby said.
Defense attorney Keith Turpel told jurors that Pickett, 52, “still has the presumption of innocence.’’
“The evidence is what is crucial in this matter and what it shows,’’ he said. “A vehicle driven by Mr. Pickett did cause death and injury, but there’s more elements than that. It isn’t merely the causation; there’s a state of mind that’s required. There’s some other elements that you have to look at.’’
He told jurors there will be “insufficient evidence to convict Mr. Pickett of all the charges brought against him.’’
In addition to second-degree murder, Pickett faces five counts of intoxicated driving causing death and four counts of operating while intoxicated causing serious injury.
Testimony before Judge Paul J. Bridenstine is scheduled to resume Wednesday.
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