Jury: Malik guilty, guilty, not guilty

HASTINGS, Mich. (WOOD) - Justin Malik was found guilty on two of three counts in the 2008 traffic death of an off-duty Barry County sheriff's deputy.

The jury found Malik guilty of Operating while impaired causing death and Driving with a suspended license causing death, but not guilty of negligent homicide in the fatal crash that killed Christopher Yonkers.

He will be sentenced June 16, and was taken into custody.

The case went to the jury Friday afternoon after the defense called only one witness.

A private investigator testifying on behalf of Malik said he believes the deputy was speeding more than 20 mph over the posted speed limit.

Thomas Bereza testified he calculated Yonkers was traveling between 76-82 mph on M-43 in Carlton Township when he was hit by Justin Malik. The posted speed limit along that stretch of road is 55 mph.

Defense attorney Jeffrey Kortes said Yonkers' speed contributed to the crash, which he maintains was an accident his client could not prevent.

On Tuesday, a state police accident investigator testified he calculated Yonkers was riding his motorcycle under the speed limit.

Earlier this week, prosecutor Tom Evans called witnesses that said Malik smoked marijuana hours before the crash and did little to avoid the accident.

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Police originally said Yonkers was on duty at the time but later said he was not.

Malik was not drunk but had smoked marijuana a few hours before the crash, investigators said. He appealed the charges, saying prosecutors could not prove the THC, which creates the drug's high, in his system impaired his driving.

A Barry County judge agreed and tossed out the charges. Then the prosecutor appealed, and the Court of Appeals ruled THC is a controlled substance that can be used for an operating while intoxicated charge.

Blood tests admitted at that time in court showed Malik had a blood alcohol level of 0.01 percent, 4 nanograms of THC and 15 nanograms of " 11-carboxy-THC ," a THC byproduct created by the body.

Malik challenged the use of that 11-carboxy-THC -- and since his case was heard before the state Court of Appeals, the Michigan Supreme Court ruled that 11-carboxy-THC is not a schedule 1 controlled substance. Lawyers arguing the Supreme Court case said 11-carboxy-THC can stay in the body for weeks after marijuana use and produces no impairment.

The appellate judges ruled that THC still is a controlled substance and it is "still relevant in determining whether he was operating his motor vehicle while intoxicated."