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Trial continues for ex-Warren officer charged with manslaughter in deadly crash

Former Warren police officer James Burke was back in a Mount Clemens court Friday for the third day of his manslaughter trial

Burke is charged with two counts of manslaughter after his police cruiser crashed into a vehicle carrying Cedric Hayden Jr. and DeJuan Pettis.

Both men died from their injuries. The defense is arguing that the driver, Hayden, was under the influence.

On Friday, law enforcement officers from different jurisdictions were questioned, including a crash investigator who investigated the scene of the deadly crash.

"When you first arrive, and you do that initial walk-through, what was your initial assessment of the crash at that point?" asked an attorney. "Well, I knew it was a high-speed crash," said Macomb County Sheriff's Office Deputy Joseph Bosek.

On Sept. 30, 2024, Burke was pursuing a stolen vehicle, racing down Schoenherr Road, when he rammed into another vehicle attempting to turn left, carrying Hayden and Pettis.

Both men died on impact from their injuries. Toxicology results reveal the driver, Hayden, was under the influence.

On Friday, images of the collision were shown in court. Bosek, a crash investigator with the Macomb County Sheriff's Office, detailed part of his discovery.

"Were you able, in this case, in the explorer, to see what the defendant's speed was five seconds before that impact?" asked an attorney. "It was 114.9 miles per hour," Bosek said. 

The Imlay City Police Chief, who previously served as a commissioner with the Warren Police Department, also testified. It's alleged that Burke did not have his emergency lights on at the time of the crash.

"When you observe the moving violation that you're going to conduct the traffic stop for, do you turn your lights on immediately?" asked the attorney. "Very rarely," Imlay City Police Chief Charles Rushton replied. "How bright are they?" Rushton was asked. "Very," Rushton said. "Are they visible from far distances?" Rushton was asked. "Oh, yeah," he stated.

The trial is expected to last several weeks. A dozen more witnesses are set to take the stand.

The trial resumes on Tuesday, June 9. 

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