KALAMAZOO, MI -- The Michigan Court of Appeals will not hear an appeal of second-degree murder charges against Charles Pickett Jr.

In an order dated Friday, July 28, the Michigan Court of Appeals denied Pickett's application for leave to appeal his second-degree murder charges stemming from the June 2016 crash that killed five bicyclists and injured four.

Pickett's leave to appeal was denied "for failure to persuade the Court of the need for immediate appellate review," Michigan Court of Appeals Chief Clerk Jerome Zimmer wrote.

Pickett's attorney filed the application in April asking the appellate court to consider reversing a judge's March decision denying a motion to quash Pickett's bindover for trial on second-degree murder charges.

Pickett is accused of driving drugged and plowing into a group of bicyclists, killing five and injuring four, on June 7, 2016. He faces five counts of operating while intoxicated causing death, five counts of second-degree murder and four counts of operating while intoxicated causing serious injury.

Pickett's defense attorney, Alan Koenig, argued in the application that the prosecution's evidence on the issue of intent for second-degree murder was lacking. He said it established, at most, the elements of reckless driving causing death. He alleged the circuit court erred in denying the motion to quash Pickett's bindover on the murder charges and also erred in denying Pickett's motion to suppress his statements to police.

Koenig argued an interview with Pickett at the hospital violated his client's constitutional rights, and at minimum, the detective should have read Pickett his Miranda rights a second time.

Koenig has filed a notice to use the insanity plea in the case.

The denial paves the way for Pickett's trial. Jury selected is slated for Sept. 18 and opening statements are scheduled for Sept. 19 in Kalamazoo County Circuit Court.

Kalamazoo County Assistant Prosecutor Michael Kanaby said a status conference will be scheduled for the case in the wake of the denial, but as of now, the trial still is scheduled for September.