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Posted on Thu, May 27, 2010 : 5:44 p.m.

University of Michigan student to undergo mental competency hearing in fatal crash

By Juliana Keeping

A University of Michigan student criminally charged with causing a crash on US-23 that killed an Algonac man has since been diagnosed with schizophrenia, his attorney said today.

Michael Ronald Kelly, 21, is charged with second-degree murder, operating while intoxicated causing death, manslaughter with a motor vehicle and operating with the presence of a controlled substance following the March 12 crash that killed 25-year-old Brandon Robert Rapp.

In Washtenaw County 14A District Court today, Kelly's lawyer requested a hearing to determine whether Kelly is competent to stand trial and to be held criminally responsible in the crash. A new hearing was scheduled for July 29.

Andrew Abood, Kelly's lawyer, said Kelly was admitted to the hospital and treated for mental illness for almost two months following the crash. He is on a number of prescribed drugs to treat his mental condition, Abood said.

In court, Kelly swayed erratically as he stood before the judge. While being led out of court by a deputy, he told his mother, who was sitting on a front courtroom bench, that he loved her.

Kelly was driving south on US-23 near Michigan Avenue in a Dodge Durango when it crossed the median shortly after 4 p.m. March 12 and went into northbound traffic, police said.

The Durango struck the rear driver’s side of a pickup truck, then hit a Chrysler Le Baron that Rapp was driving almost head-on, causing it to flip several times, police said. Rapp, who was wearing his seat belt, died at the scene. He was on his way home from work as a substitute teacher, a lawyer for the family said.

The driver of the pickup truck was not injured. Kelly was taken to a hospital.

Kelly is alleged to have been operating under the influence of marijuana at the time of the crash, Abood said, adding the levels in his bloodstream suggested Kelly hadn't used marijuana for days or weeks. 

U-M's online directory lists Kelly as an undergraduate in the College of Literature, Science and the Arts.

Rapp's family and friends attended the hearing. They declined to comment afterward, but a lawyer for the family said they have filed a civil lawsuit in Washtenaw County Circuit Court.

That suit names Michael Kelly and his mother, Jamie Kelly, who owned the Durango, as negligent in Rapp's death. It requests damages and a jury trial. Jamie Kelly declined to comment following today's hearing.

Juliana Keeping covers higher education for AnnArbor.com. Reach her at julianakeeping@annarbor.com or 734-623-2528. Follow Juliana Keeping on Twitter

Comments

Michigan123

Thu, Jul 22, 2010 : 12:51 a.m.

"mw Posted May 28 Michigan has one of the stricter per se DUI laws for presence of cannabis metabolites in the body. It's basically zero tolerance Yes. The driver may have been intoxicated, but the tests that Michigan relies on to determine that in the case of Marijuana are completely bogus. Under Michigan's zero-tolerance law, somebody can be charged with DUI even weeks or months after they last smoked pot (because cannabis metabolites--which is what are being tested--remain in the bloodstream for long periods of time). " FYI - this isn't true anymore. A case just came down a couple weeks ago where the Michigan Supreme Court ruled that a person may no longer receive a DUI for having only that level of marijuana - cannabis metabolites - in your system.

Snap

Wed, Jul 21, 2010 : 8:49 p.m.

I will not apologize for saying that I believe this is a horrible tragedy for both families. The Kelly family has always been very generous and given back a great deal to their community. They have suffered a great deal the past few years even before this tragic event. Now with her youngest son in jail, diagnosed with schizophrenia and facing criminal prosecution, Mrs Kelly is being dragged into a civil lawsuit by the family of the victim. Further, I do not believe the "claim of schizophrenia" is merely a legal tactic to avoid prosecution. I truly have sympathy for the Rapp family and their loss. I also truly have sympathy for the Kelly family and hope they find the strength to endure what the future holds for them.

Michigan123

Mon, Jun 28, 2010 : 9:21 a.m.

elmi482 - exactly; well put. This is a sad and unfortunate situation for everyone involved, which includes Michael and his family and friends, Kid017. Michael more likely than not won't have those opportunities either, actually.

elmi482

Tue, Jun 22, 2010 : 1:09 a.m.

no one is saying to just consider michael and none of the other victims in this tragic accident, but to keep an open mind about what he was going through because you obviously are not aware, it is awful that an innocent life was lost because of this there is no doubt about that, he was and is going through a very difficult situation as well as is his whole family, and now for his mother to be dragged even deeper into this is beyond me, there are always two sides to a story so before you start saying he should be locked up and other outlandish comments remember that and let the due process take its course

Kid017

Mon, Jun 14, 2010 : 12:10 a.m.

I read these comments and I just think that people don't get it. The reason why this article is here is because someone was innocently killed because someone else decided to make a dumb mistake in a car. You want people to understand where Micheal is coming from and what his situation is.. but yet you forget that he is the one that is behind bars for killing someone. He is the one that is being charged with 2nd degee murder among other things and he is the one that took away a son, brother, boyfriend and friend of a lot of people. Micheal is the last thing people should be thinking about and considering his feelings I am sorry. He choose to drive and kill someone. Brandon is no longer here with us. He won't get a teaching job, he won't be able to marry the love of his life and he won't be able to have a family. Micheal still has the opportunity to do all of those things.. he can say he loves his mother in the courtroom and eventually say it in person. Brandon can't. Micheal in jail isn't going to bring brandon back or take away the pain that people have each and everyday, but please don't ask us to consider him...

Michigan123

Sun, Jun 6, 2010 : 12:17 a.m.

It's obnoxious how inaccurate so many of these comments are. Not a single one of you commenting on this article seem to have the slightest clue as to what Michael's situation is, nor have any of you even read what the article reports correctly. So my suggestion is that you actually read it for true understanding and know some of the facts regarding Michael's situation before you are so quick to make your pre-judgmental statements concerning a matter about which you truly know nothing about. It's offensive, particularly when you don't even know him or anything about it. So please just stop.

Lokalisierung

Fri, May 28, 2010 : 4:51 p.m.

The killer duck part of your post I totally agree with. he was driving, caused this horrible accident, case closed. What confuses me is "I just don't understand the thought process within the alleged perp and his family." Which thought process are you refering to here? Unless I'm missing something, the police are claiming he was intoxicated, and have proved nothing. What does his family have to do with it exactly?

Woman in Ypsilanti

Fri, May 28, 2010 : 4:43 p.m.

The article doesn't say why he crossed the median. And if he really is being charged for driving while intoxicated because he had marijuana levels in his system consistent with use more than 24 hours before the accident, I hope he ends up getting a break. There is no evidence that marijuana use impairs driving a day or more after using it. It is entirely possible that this was simply a tragic accident.

djm12652

Fri, May 28, 2010 : 3:22 p.m.

As a mother I can honestly say I would never allow a child of mine to drive when under the influence of any medication that has adverse to sobriety effects. That would be tantamount to buying my kid a couple of martinis before I let my kid take my car. I just don't understand the thought process within the alleged perp and his family. And Stefanie, thanks for reminding all of us really stupid people about the whole charged but not convicted thingy...sometimes we ignerints fergit 'bout stuff... but just to remind you of what you printed: Kelly was driving south on US-23 near Michigan Avenue in a Dodge Durango when it crossed the median shortly after 4 p.m. March 12 and went into northbound traffic, police said. The Durango struck the rear drivers side of a pickup truck, then hit a Chrysler Le Baron that Rapp was driving almost head-on, causing it to flip several times, police said. Rapp, who was wearing his seat belt, died at the scene. He was on his way home from work as a substitute teacher, a lawyer for the family said. The driver of the pickup truck was not injured. Kelly was taken to a hospital. Now, even though the Kelley kid has only been charged, Juliana's article definitely states that the Kelley kid caused the accident and someone died from it... so if the driver looks like a duck, quacks like a duck, drives like a duck and kills someone...it's a killer duck

Lokalisierung

Fri, May 28, 2010 : 12:43 p.m.

There are a lot of drugs that list a lot of things...my guess is to fend off lawsuits. Posting that a drug "may make you dizzy or drowsey, blurred vision..." is nothing new. "The most common side effects from ibuprofen are rash...dizziness, drowsiness..." Pepto-Bismol - "vision problems, dizziness or lightheadedness drowsiness (severe)" Lisinopril (#1 prescribed hyper Tension drug) - "Drowsiness, headache, tiredness, Blurred vision"

Lokalisierung

Fri, May 28, 2010 : 12:20 p.m.

Obviously some drugs, including the anti-siezure medication listed above, can have negatice effects on driving. Certtainly anti-anxiety drugs like Xanax are used to get become intoxicated, so they would of course have negatice effects. The mayo list of side effects I'm not really understanding the point of it Ed. Is it just to tell us these drugs have side effects? Casue I think we already knew that.

uawisok

Fri, May 28, 2010 : 12:12 p.m.

Some anti-depressants state, " do not operate vehichles or heavy machinery while taking"

Lokalisierung

Fri, May 28, 2010 : 12:06 p.m.

"when you first start or when you mix with other substances." What are these other substances? Is your point that X*other drugs=possibly bad driving? Casue that could really be anything. Coffee, nicotine, asperin, hunger, sleepyness...etc. I admit I was a short sighted in making it seem like it could never be a negative thing. The person, the amount of drug, type of drug can have an effect. I was thinking of an "average" person taking an "average doese," which may not even exsist.

kulse012

Fri, May 28, 2010 : 11:55 a.m.

The idea that antidepressants do not impact driving potentially is just absurd. Like any other drug there will be variability from patient to patient but there's definitely an increased risk especially at high doeses, when you first start or when you mix with other substances. Also depends on the type of drug. It is yet to be said obviously if anything of this is relevant in this case, but those who don't think it is even a possibilty should do some homework.

Lokalisierung

Fri, May 28, 2010 : 11:23 a.m.

Anti-Depressants wouldn't have any effect (affect?) on your driving. They don't produce any euphric feelings or anything.

Ricebrnr

Fri, May 28, 2010 : 10:48 a.m.

@Natalie, actually I agree with you in general, however "Anti-depressants, psychotics and/or anxiety meds do not affect your ability to drive." the argument is that those same drugs affect your ability to make rational decisions and this argument is leading to the restriction of rights of veterans as well as those undergoing treatment for a variety of reasons. I just find it amusing to hear those arguments in those cases but god forbid anyone's 'right' to drive be taken away.

cpshan

Fri, May 28, 2010 : 9:22 a.m.

This the mental illness claim has nothing to do with the accident, whether it contributed to it, or the driver's ability to obtain a driver's license. Theoretically, all of his symptoms could have appeared the day after the accident. Rather, this convenient diagnosis allows him to attempt to show the court that he is not COMPETENT to stand trial, regardless of guilt or innocence. It is a constitutional issue and more of a delay tactic unless he is planning on dropping out of UM and acting mentally disabled for the rest of his life. It's zealous representation indeed; however, the prosecution and the court will most like work their way through the debacle the defense is trying to create.

Natalie

Fri, May 28, 2010 : 9:06 a.m.

Mental illness has nothing to do with one's ability to operate a vehicle. It's ignorant comments like yours that keep people from seeking the treatment they so desperately need, and thus act out in inappropriate ways (namely drugs and alcohol) in an attempt to self-medicate. Anti-depressants, psychotics and/or anxiety meds do not affect your ability to drive. There is a good chance he WAS mentally ill before the accident, thus the pot and alcohol. It's called self-medication and it's more common than we think. Regardless, it was a poor decision and our justice system was designed to hold people responsible for them. The bottom line is that someone lost their life as a direct result of Mr. Kelly's poor decisions. Now, another life will most likely be lost. It's sad for all involved. Prayers to both families. -And also, prayers for knowledge for those who do not understand mental illness. Such comments are insensitive and contribute to a horrible stigma that keeps sick people from seeking the treatment that they need.

mw

Fri, May 28, 2010 : 8:39 a.m.

Michigan has one of the stricter per se DUI laws for presence of cannabis metabolites in the body. It's basically zero tolerance Yes. The driver may have been intoxicated, but the tests that Michigan relies on to determine that in the case of Marijuana are completely bogus. Under Michigan's zero-tolerance law, somebody can be charged with DUI even weeks or months after they last smoked pot (because cannabis metabolites--which is what are being tested--remain in the bloodstream for long periods of time). And now I see that the Obama: http://www.dankweed.com/notes/obama_joint.jpg Now wants to extend this stupidity nationwide: http://www.infowars.com/feds-move-to-throw-pot-smokers-in-prison-for-impaired-driving/ Again, I'm not saying that the driver in this case was not negligent--he may well have been, and if his actions were negligent, he should be prosecuted. But if the claim of impairment rests on Michigan's law that considers people who smoked pot days, weeks, or months ago impaired, it is crazy.

Ricebrnr

Fri, May 28, 2010 : 8:13 a.m.

HMMM....shouldn't it be mandatory that the State be informed of patients in treatment of mental illness and/or on mind altering drugs so that their licenses be suspended or revoked? It's been suggested ad nauseum for other things, why no public outrage oand calls for it here? Not to mention the drug abuse. Cars at the hands of alchoholics and drug abusers kill every day. Where's the outrage? Where's the call to restrict liberties?

kulse012

Fri, May 28, 2010 : 7:58 a.m.

I am really getting tired of hearing about young lives being lost to driving while intoxicated. The law needs to throw the book at this guy. Enough is enough. He has a driver's license, he has a job, and he's a U of M student. Sounds like a fairly functional guy to me. Also, seeking treatment after the accident doesn't show he's incapable of standing trial either. Why didn't he seek treatment before? I know mental illness can be a sticky situation but it just seems like somebody looking for a way out. The victim and his family deserve justice

Isanopinion

Fri, May 28, 2010 : 6:20 a.m.

Everyone is so quick to judge Michael. This is a horrible situation for everyone involved. Please don't rake this family through the coals until all the facts are out. I know how horrible this is for the family and friends of the victim also.

J. Sorensen

Fri, May 28, 2010 : 4:08 a.m.

If he was "Mentally Incompetent" then why doe's he have a State issued Driver's license? It looks like a clear cut case of negligent homicide, usually punishable by a 2yr sentence. If he was dignosed AFTER the accident, how much did the accident contribute to his condition? He should still be punished for his actions on that day.

Tom Joad

Thu, May 27, 2010 : 8:50 p.m.

Michigan has one of the stricter per se DUI laws for presence of cannabis metabolites in the body. It's basically zero tolerance. This article is woefully inadequate in covering the essentials.

Matt Cooper

Thu, May 27, 2010 : 8:28 p.m.

Where does it say he was "picked up in Petoskey"? And where does it say it took the police 10 days to find him?

Wolverine3660

Thu, May 27, 2010 : 8:07 p.m.

Looks like Mr Kelly's lawyer is working hard to try to keep Mr Kelly from being tried on the 2nd degree homicide charge. Zealous representation.

MikeFromTroy

Thu, May 27, 2010 : 5:40 p.m.

Curious that he was picked up in Petosky. I guess he was being treated at their summer home? It took the police 10 days to find him after the warrant was issued. Is Mr. Abood sure of his dates?