Toxicology report shows victim in deadly Warren police crash was intoxicated
WARREN, Mich. (CBS DETROIT) - The attorney for the families of Cedric Hayden Jr., 34, and Dejuan Pettis, 33, is firing back after an autopsy and toxicology report was released by the Macomb County Medical Examiner.
The report showed that the driver, Hayden Jr., had a blood alcohol twice the legal limit.
Attorney James Harrington with Fieger Law said the findings do not affect the criminal and civil cases filed as a result of the officer-involved crash that killed Hayden Jr. and Pettis back on Sept. 30.
"This is another form of victim shaming," Harrington said.
Warren Police Officer James Burke was pursuing a suspect without his sirens and flashers on and was reported to be driving more than 100 mph when his police cruiser crashed into the SUV carrying Hayden Jr. and Pettis.
"This release of whatever this is has absolutely nothing to do with the fact that Officer Burke was breaking the law. He was speeding, he never illuminated his lights as required by law," Harrington said.
Late last month, Burke was charged with two counts of manslaughter. Since Fieger Law filed two separate $100 million civil lawsuits against the Warren Police Department, Harrington said this autopsy report had been withheld from his legal team.
"I told everybody that we've been asking everybody for these records. We've been asking for all records for over eight weeks, and we called the Macomb County Medical Examiners Office, and we were informed that the reports aren't ready yet," he said.
As for Hayden Jr. being intoxicated, Harrington said that should not affect the criminal charges that Burke is facing and it will not affect the civil case either.
"We're full steam ahead. This does absolutely nothing to do with the case. This affects it in no way, shape, or form because the conduct of the officer is undeniable," Harrington said.
The Macomb County Prosecutor's Office has confirmed that the toxicology report does not affect the state's decision to pursue criminal charges against Burke.
