(WXYZ) — A Warren police officer has been charged in a crash that killed two men in September, according to the Macomb County Prosecutor's Office.
James Burke, 28, was charged and arraigned on four different counts on Nov. 22. The charges are:
- Two counts: Homicide – Manslaughter with a motor vehicle; a fifteen-year felony
- One count: Moving violation causing serious impairment of body function; a 93-day misdemeanor
- One count: Public Officer – Willful neglect of duty; a one-year misdemeanor.
The Warren Police Department issued the following statement following the announcement of charges:
The Warren Police Department would like provide the following response regarding charges issued by the Macomb County Prosecutor’s Office against the officer involved in the fatal traffic accident on 09/30/2024.
The traffic accident on 09/30/2024 at Schoenherr near Prospect was a tragedy for all involved. Two police officers sustained serious injuries and the lives of two young men were lost. The driver of the police vehicle, Officer James Burke, has been with our department for nearly three years and served honorably at another law enforcement agency for five years prior to joining our Department. He comes from a law enforcement family and has an impeccable record of public service with multiple public service awards and accolades, including a 2024 Medal of Valor for heroism in the line of duty. Officer Burke had no history of problematic driving or any prior incidents of concern before this tragic accident. Still, the seriousness of this accident involving a police officer necessitated an independent review by the Macomb County Sheriff’s Office.
Today, the Warren Police Department was made aware that the Macomb County Sheriff’s Office had completed their independent investigation into this tragic accident and requested a review of the investigation be conducted by the Macomb County Prosecutor’s Office. We were informed the Prosecutor’s Office decided to charge Officer Burke with two counts of manslaughter with a motor vehicle, one count of moving violation causing serious impairment of a bodily function, and one count of willful neglect of duty by a public official. Of course, this officer is entitled to due process and is presumed innocent until proven guilty. That being said, police officers are subject to the same criminal code as the citizens we serve and, as such, the Warren Police Department acknowledges the Prosecutor’s decision.
Officer Burke has been on administrative leave since the date of this motor vehicle accident. 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. 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 passenger officer was not charged with a crime. This officer has also been on administrative leave while the Sheriff’s Office investigation was ongoing. Given today’s update, the passenger officer will be returned to work once he fully recovers from the serious injuries he suffered in this accident.
Again, the Warren Police Department recognizes the gravity of this tragic incident and extends our deepest sympathies to the victims’ family and friends. 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.
Around 5 a.m. on Sept. 30, Burke and another officer, in a fully-marked Warren police car, crashed into a vehicle near the intersection of Schoenherr Rd. and Prospect Ave.
Cedric Hayden Jr., 34, and 33-year-old DeJuan Pettis were killed in the crash. Burke and the other officer were also injured.
Watch below: $100 million lawsuit filed against Warren police in fatal crash
“Our thoughts remain with those whose lives were impacted by this tragic crash,” Macomb County Sheriff Anthony Wickersham said in a statement. “We hope the conclusion of this investigation begins to bring a sense of closure and healing as they continue to navigate this difficult time.”
Warren police say two officers in a fully marked car were traveling southbound on Schoenherr when they struck a white Dodge Durango that was turning westbound onto Prospect from Schoenherr. At this point, officers have not said which driver is considered at fault.
The families of Pettis and Hayden filed lawsuits against the Warren Police Department. They tell us tonight they'd like to see the charges stepped up to second-degree murder.
"I had a phone call from the hospital and as I sat down on the couch, turned the TV on and I saw a white Durango, I said God, that's not my son's truck, that's not my son's truck," Pettis' mom, Charisse Brown, told us last month.
Warren police said that at no time were the "officers engaged in a pursuit of the white Dodge Durango or any other vehicle when the crash occurred" and that while a break-in at a business and vehicle pursuit did occur nearby a few hours after the crash, "investigators are confident that Hayden and Pettis were not suspects in any business break-ins currently under investigation by the Warren Police Department. Moreover, investigators are certain that the Dodge was legally registered to Pettis and thus was not considered or investigated as a stolen vehicle."
