Deputy death trial begins

HASTINGS, Mich. (WOOD) - A jury was selected and opening statements began Monday in the trial for a man charged in the death of a Barry County sheriff's deputy.

Deputy Chris Yonkers died when the motorcycle he was riding collided with a car driven by Justin Malik on Oct. 17, 2008 on M-43 in Carlton Township.

Malik is facing charges of negligent homicide, operating a vehicle while intoxicated causing death and operating a vehicle with a suspended or revoked license causing death.

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.

"He also said he made a judgment call," Prosecutor Tom Evans said. "He made a judgment call to smoke marijuana and drink beer and drive, and cut in front of a motorcycle."

On Monday, in court, the prosecuting attorney said Malik was speeding and impaired. One witness testified she smelled alcohol on Malik's breath when they were at the scene.

"I had asked him if he had been drinking, and he said, maybe three or four or so," witness Amy Joy Wilinski said.

A Michigan State Police trooper testified Malik confessed to smoking marijuana hours before the crash.

"It was beyond an accident -- it was a tragic accident, but it could have been avoided if the motorcycle was going the proper speed," said Jeffrey Kortes, the defense attorney.

The trial is expected to last several days, picking back up Tuesday and possibly Friday.