Ex-Warren cop bound over for trial in crash that killed two at speeds over 100 MPH

Ex-Warren officer will stand trial in 2024 death of two men

James Burke will stand trial in the deaths of two men who died after the Warren police officer crashed into an SUV in 2024. He's charged with two counts of manslaughter, willful neglect of duty, and one count of moving violation causing serious impairment of body function.

FOX 2 - The former Warren Police Officer accused of speeding excessively when he crashed into an SUV killing two men in 2024 will be bound over for trial.

Judge John Chmura ruled on Friday that former police officer James Burke will head to trial. Judge Chmura said the prosecution proved its burden that Burke was ‘grossly negligent’ with his actions that caused the crash.

The decision wraps up several days of testimony in the case, that began in late June. It included video that showed Burke's Warren police car driving at over 117 MPH down Schoenherr early on Sept. 30th before hitting an SUV with two men inside, Cedric Hayden Jr. and Dejuan Pettis.

Upon impact Hayden and Pettis' vehicle went airborne for more than 50 feet, according to a crash reconstructionist on the stand.

Chmura recounted testimony that Warren police will often chase a car without lights and sirens so they don't reveal to suspects that they are chasing them. However, in this case, the suspected vehicle that Burke was chasing was more than a mile a way and there was no evidence that it was a suspected stolen car that Burke claimed to be chasing.

"The court finds that the defendant could have used the lights and sirens and would not have jeopardized his ability to catch-up to that vehicle," Chmura said. "Given the fact the defendant could have probably caught up to the vehicle at a speed exceeding the speed limit, but not at over 100 miles per hour, the court finds that a cautious person could believe that there's evidence to indicate that that conduct was grossly negligent."

He also ruled that the Durango cut a corner and the actions were possibly negligent, but did not blame either Hayden or Pettis for the crash. 

"It was not reasonably foreseeable that nobody can foresee a turn being made in front of an individual when that turn is made so close to where the vehicle is being driven. It's one thing to say that an improper turn is reasonably foresee-able generally. It's quite another reason saying that the improper turn was made Possibly because of impairment due to alcohol and was made so close to the vehicle being driven in the other direction that it was impossible for the vehicle to stop and avoid an accident," he said.

Chmura ruled the prosecutor proved their burden on involuntary manslaughter.

Dig deeper:

Chmura spoke about the aggressive pursuing of vehicles by police officers. 

"There are people who say that officers should not aggressively pursue individuals who are fleeing from them because something like this could happen. It's dangerous. Officers can get hurt. People can get injured. Bystanders can be hurt. Property can be damaged," he said. "There are those on the other side who say that NDS officers should aggressively pursue these types of people because if they don't, criminals (and) suspects will always get away because they'll know that officers will never go after them. And so they'll commit crimes and run from the police knowing that they're not going to be chased and that's a bad thing."

Chmura said however this case ends, it will ultimately decide how Warren will chase people in the future.

"In a free society, it is far, far better that that statement be made by 12 people. Who hopefully are of diverse backgrounds, different economic stations, people who have different values, different cultural backgrounds, and who make that decision after a vigorous debate, after coming to some sort of consensus on what that policy should be, in deciding this case," he said.

The backstory:

Burke is accused of going 117 miles per hour without lights or sirens on, when he crashed into a vehicle turning left onto Prospect Avenue from Schoenherr Road.

Burke is charged with two counts of manslaughter, one count of moving violation causing serious impairment of body function, and willful neglect of duty.

Warren police told FOX 2 at the time the officers were not part of a vehicle pursuit.

Upon impact, Hayden and Pettis' vehicle went airborne for more than 50 feet, according to a crash reconstructionist on the stand.

More stories:

• Testimony: Ex-Warren police officer was driving 117 without lights, siren in deadly crash
• Family decries charges against Warren police officer as preferential treatment

Burke was terminated from the Warren Police Department in December 2024.

Video of the aftermath showed the police cruiser with extensive front end damage while the Durango - which was struck from the side - was overturned. 

A $100 million lawsuit against the Warren Police Department has since been filed.