Macomb County Prosecutor Peter Lucido announced Friday that tjat Circuit Court Judge Michael Servitto ordered the case against 33-year-old Noor Noel Kestou to be returned to the Clinton Township District Court for further proceedings, where the prosecution will present evidence to establish that Kestou’s storage of thousands of nitrous oxide and butane canisters presented a hazard that was the proximate cause of 19-year-old Turner Salter’s death.
Kestou, of Commerce, is charged with involuntary manslaughter, a 15-year felony, in connection with the death of Turner Salter of Clinton Township.
It is alleged that on March 4, 2024, a building owned and operated by Kestou caught fire while storing thousands of nitrous oxide and butane canisters.
The resulting fire triggered a massive explosion, propelling canisters into the air. One nitrous oxide canister reportedly traveled approximately a quarter mile before striking Salter in the head, killing him.
Last December, Kestou filed a motion to quash the information, which, if granted, would result in dismissal of the charge.
He argued that the fire, not his storage of the canisters, was the direct cause of Salter’s death. Both parties submitted legal briefs, and the court heard oral arguments in Janury. Servitto issued his opinion and order two months later.
In his ruling, Servitto determined that the issue of proximate cause, a required element for proving involuntary manslaughter, was not sufficiently established at the district court level. Proximate cause requires that a defendant’s actions be closely enough connected to a victim’s injury to hold the defendant legally responsible.
The court found this element lacking and concluded that the district court abused its discretion in finding the storage of hazardous materials proximately caused the victim’s death.
As a result, the case has been remanded to the district court for further proceedings consistent with the ruling.
Kestou, of Commerce, is charged with involuntary manslaughter, a 15-year felony, in connection with the death of Turner Salter of Clinton Township.
It is alleged that on March 4, 2024, a building owned and operated by Kestou caught fire while storing thousands of nitrous oxide and butane canisters.
The resulting fire triggered a massive explosion, propelling canisters into the air. One nitrous oxide canister reportedly traveled approximately a quarter mile before striking Salter in the head, killing him.
Last December, Kestou filed a motion to quash the information, which, if granted, would result in dismissal of the charge.
He argued that the fire, not his storage of the canisters, was the direct cause of Salter’s death. Both parties submitted legal briefs, and the court heard oral arguments in Janury. Servitto issued his opinion and order two months later.
In his ruling, Servitto determined that the issue of proximate cause, a required element for proving involuntary manslaughter, was not sufficiently established at the district court level. Proximate cause requires that a defendant’s actions be closely enough connected to a victim’s injury to hold the defendant legally responsible.
The court found this element lacking and concluded that the district court abused its discretion in finding the storage of hazardous materials proximately caused the victim’s death.
As a result, the case has been remanded to the district court for further proceedings consistent with the ruling.
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