A Battle Creek man was ordered to stand trial for murder but not on his original charge.

Calhoun County District Judge James Norlander, after listening to testimony Tuesday, ordered the case against William Kazee sent to circuit court for trial on a charge of second-degree murder.

Kazee is charged in the July 11 death of William Whalen, 55, of Battle Creek, who died from blunt force trauma after a beating near Green and Main streets downtown.

Kazee, 54, admitted to Battle Creek police that he struck Whalen. He was arrested and charged with open murder which includes premeditated first-degree murder with a possible sentence of life in prison without parole.

But at the conclusion of the hearing Tuesday, Norlander questioned Assistant Prosecutor Matt Wait about premeditation.

Defense attorney Susan Mladenoff argued that if anything, Kazee should be charged with manslaughter.

Wait argued for the more serious charge, saying testimony shows Kazee struck Whalen several times.

"He beat him with his hands until he died," Wait told the judge. "He had an option to walk away. He had time to consider what he was doing."

In earlier testimony in July a witness told the court that Kazee, known as Casper, and Whalen had a confrontation and Kazee hit the other man several times even after Whalen was on the ground.

Whalen had been confrontational with several people and disrespectful toward a woman who was with Kazee, according to testimony.

Battle Creek officer Shane Schwarz testified Tuesday he was the first officer on the scene and Kazee told him he had slapped Whalen earlier in the evening. Later Kazee said he was lying on the ground when he opened his eyes and saw that Whalen had exposed his penis and though he was about to urinate on him.

"His penis was in my face and I beat his ass," Schwarz quoted Kazee as saying.

Wait, in his argument to send the murder case to trial said, "reasonable people could conclude he did what he intended."

But in his ruling, Norlander said he only found evidence of second-degree murder, which carries a maximum sentence of life with the possibility of parole.

Kazee remains in the Calhoun County jail.


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