WARREN, Mich. – A Warren police officer has been charged in connection to a crash that killed two men in September.
James Burke, 28, was arraigned Friday on two counts of manslaughter with a motor vehicle, one count of moving violation causing serious impairment of a body function, and one count of willful neglect of duty.
At 5 a.m. on Sept. 30, a white Dodge Durango and Warren police car were involved in a crash on Schoenherr Road at Prospect Road.
Burke allegedly was driving his police vehicle at a high speed, without using the emergency lights or sirens, when he struck the Durango.
Cedric Hayden, Jr., 34, and Dejuan Pettis, 33, were both killed in the crash, and Burke’s partner was injured. Family members said that Hayden and Pettis were lifelong best friends.
Read: Everything we know: New video shows Warren crash that left 2 men dead, injured police officers
Burke was allegedly responding to a “Be on the lookout call” for a stolen Jeep Grand Cherokee when he crashed at a high speed into Hayden and Pettis, who were turning down the street to go home.
Police confirmed that they were chasing a suspect wanted in connection to a break-in at a business in the area a few hours before.
According to police, Hayden and Pettis were not suspects in any break-ins.
After an investigation, the Macomb County Sheriff’s Office presented a warrant request to the prosecutor’s office on Nov. 20, and the prosecutor’s office issued charges on Nov. 21.
Burke was given a $100,000 bond. If he is released he cannot leave the state, and if he returns to law enforcement duties he can’t operate a government vehicle or act in patrol officer capacity.
The Warren Police Department says Burke has been on administrative leave since the day of the crash.
“Now that the criminal investigation has concluded, the internal investigation will examine this incident looking for Officer Burke’s compliance with Warren Police Policies and Procedures,” the Warren Police Department said in a release. “As required by the collective bargaining agreement, he will be given a due process hearing to determine the future of his employment with the Warren Police Department after the internal investigation is concluded. He will not return to work from his administrative leave before that hearing occurs.”
The officer, who was a passenger in Burke’s patrol car at the time of the crash, was also placed on administrative leave.
Since he hasn’t been charged, the police department says he can return to work once he recovers from his injuries.
“Again, the Warren Police Department recognizes the gravity of this tragic incident and extends our deepest sympathies to the victims’ family and friends,” said Warren police. “We also continue to pray for the full recovery of our injured officers. Despite this difficult time, the men and women of this Department remain dedicated to serving our community with the utmost integrity and professionalism. The Department is committed to learning from this incident and moving forward towards our never-ending goal of excellence in law enforcement and public service.”
Burke’s probable cause hearing is scheduled for Dec. 5, and his preliminary examination is scheduled for Dec. 12.
“While police officers often face challenging and fast-moving situations, the decision to drive at high speeds without lights or sirens undermines the safeguards meant to protect everyone on the road,” said Macomb County Prosecutor Peter J. Lucido. “Our thoughts are with the victims' families, and we remain committed to pursuing justice in this matter.”
The families of the men killed in the crash are disappointed by the charges.
The attorney representing them in a civil lawsuit, James Harrington of Fieger Law, said they wanted second-degree murder charges.
“They’re disappointed,” Harrington said. “They believe this is an under-charging of the officer.”
Harrington said a similar crash case in Warren involving a Black driver who was not a police officer led to a second-degree murder charge.
“We believe like crimes should be charged and tried alike,” he said. “They shouldn’t be given preferential treatment because you’re white. You shouldn’t be given preferential treatment because you’re a police officer.”
