KALAMAZOO, MI -- Attorneys for the driver in the 2016 fatal bicycle crash in Kalamazoo are arguing he should not have to stand trial for second-degree murder.

Charles Pickett Jr. appeared in Kalamazoo County Circuit Court Thursday, March 16, before Judge Paul J. Bridenstine for a hearing on several motions, including a motion to quash Pickett's bindover for trial on five second-degree murder charges.

Pickett is accused of driving drugged and plowing into a group of bicyclists, killing five, 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. He could face up to life in prison if convicted of second-degree murder.

Defense attorneys Alan Koenig and Keith Turpel argued Thursday that the prosecution failed to provide probable cause to bind Pickett over to circuit court on the second-degree murder charges, and that the district court abused its discretion when it did so following a preliminary examination on the evidence.

Koenig said the prosecution did not raise the issue that there was a violation of the law by Pickett driving with prescription drugs in his system. Koenig said a forensic scientist who testified at Pickett's preliminary examination in November 2016 testified she did not know how the four substances would affect each other in somebody's body. He said the prosecution also didn't provide any testimony on whether the drugs affected Pickett's ability to drive.

Samantha Beauchamp, a forensic scientist at Michigan State Police laboratory, testified at the Nov. 7 hearing that she found the stimulants amphetamine and methamphetamine the pain relievers hydrocodone and tramadol in Pickett's blood sampled after the crash. Four other drugs also were detected but not quantified, she said.

Beauchamp testified methamphetamine could cause a person's heart to race and could potentially cause aggression or fast breathing. She testified both tramadol and hydrocodone can be depressants that can slow down the body's system and can cause slurred speech, similar to the effects of being drunk.

Koenig said the prosecution didn't provide probable cause for the third element of second-degree murder. The charge against Pickett reads, in part, that he "... did with intent to kill, to do great bodily harm, or to act in wanton and willful disregard of the likelihood that the natural tendency of said act would cause death or great bodily harm" kill each of the five bicyclists who died. It does not allege premeditation.

Kalamazoo County Assistant Prosecutor Michael Kanaby said the court heard at the preliminary examination how hydrocodone and tramadol both can slow down the body's system similar to the effect of someone being drunk. Several witnesses testified at the November hearing they saw Pickett driving erratically, and a Kalamazoo Township police officer who was at the scene said he was "completely out of it" after the crash, was slurring words and seemed under the influence of something.

"The inference is that he consumed multiple controlled substances that have this effect and actually you can see it (on a video recorded by police following the crash) and how it played out," Kanaby said.

Kanaby said there's testimony and evidence that Pickett was either not in control of his vehicle or driving recklessly. he said the prosecution is not arguing Pickett had an intent to kill or do great bodily harm.

Bridenstine also heard a motion from Koenig requesting to suppress Pickett's statements to police at Borgess Medical Center following the crash. Koenig alleged Pickett was questioned by Kalamazoo County Sheriff's detectives after twice invoking his constitutional right to have a lawyer present.

Det. Sgt. Richard Mattison, of the Kalamazoo County Sheriff's Office, took the witness stand Thursday and said Pickett twice asked for a lawyer when Mattison and another detective went to interview him June 8 at Borgess. Mattison said he stopped the interview. Then Det. Sgt. Donald McGehee asked Pickett if he knew why he was in the hospital and Pickett indicated he was in a wreck and was told somebody died. Mattison testified McGehee told Pickett he killed five people.

"Mr. Pickett seemed to get really wide-eyed and stared at Det. McGehee and his mouth fell open," Mattison said, noting Pickett seemed shocked.

"Then he asked, 'What did I do, hit a family or something?'"

Mattison said he couldn't discuss it with Pickett because Pickett had asked for an attorney.

"He made some comments about it's already happened, it can't be changed, I might as well talk to you," Mattison testified Thursday. He said he asked Pickett twice whether he wanted to go forward with an interview, to which Pickett responded he did. Mattison then questioned Pickett.

Koenig argued the 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.

Bridenstine will review the transcript and all evidence provided in the preliminary examination and will issue written decisions on the motion by March 29. Pickett's trial is set to begin April 25.