Defense for ex-Warren police officer on trial in double-fatal crash says other driver was drunk

FOX 2 - The trial began for ex-Warren police officer James Burke on Wednesday, facing four charges in a fatal crash that killed two men.

The backstory:

Burke was allegedly driving around 117 mph on Schoenherr on Sept. 30, 2024, when he hit an SUV occupied by Cedric Hayden Jr. and Dejuan Pettis as they turned. His lights and sirens were not activated at the time.

The crash took place at Schoenherr and Prospect, with Burke charged on two counts of manslaughter, moving violation causing serious impairment of body function, and willful neglect of duty.

Today opening arguments as well as testimony from different police officers.

The prosecution argues Burke was going way too fast — reaching more than 100 miles per hour — and that he didn't have his siren or overhead lights on.

The defense argues Hayden Jr. was drunk and shouldn't have made that left turn.

"As he's approaching, all of a sudden, unexpectedly, without warning, a Dodge Durango with no turn signal, with a driver who has a .198 blood alcohol level abruptly and unexpectedly, turns in front of the cruiser," said Marc Curtis, defense attorney.

As for the siren issue, they said officers are trained not to turn their overhead lights on so as not to alert the suspect. 

Who was the suspect? A stolen vehicle that had been registered on the Flock camera system. Police say that was the reason why Burke was speeding.

Related: Warren police officer charged with manslaughter after fatal crash that killed two

But prosecutors say this was simply a stolen vehicle and nothing violent that warranted those high speeds.

Police body camera video shows another officer telling Burke at the scene "not to talk."

Prosecutor Cory Newman: "Is that your voice?"

Officer Anthony Napoli: "Yes."

Newman: "What did you say?"

Napoli: "Don't say a word."

Newman: "Is that your voice again?"

Napoli: "Yes."

Newman: "And what are you telling Mr. Burke?"

Napoli: "Not to talk to anybody."

The officer who was riding along with Burke also took the stand. He was asked what injuries he suffered in the crash.

"I broke my ankle. I broke my femur. I broke by femoral neck, which is connected to the femur, kind of goes into the hip," the officer said  "Ten ribs, my right arm. I tore my PCL slightly in my right leg, had a torn ligament in my left hand, broke my humerus and I have a little bit of nerve damage on my hand."

Despite all that, the officer testified that Burke was a good driver and that when the two were riding together it was usually Burke that drove.

We heard from the defense that Burke was seen as an excellent driver with the Warren Police Department. 

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