WARREN, MICH. — James Burke was found not guilty of two counts of manslaughter, willful neglect of duty, and moving violation causing serious injuries by a Macomb County jury. The acquittal concerns a September 2024 crash that resulted in the deaths of Cedric Hayden Jr., 34, and DeJuan Pettis, 33.
Assistant Macomb County Prosecutor Corey Newman stated Burke, 28 at the time of the crash, made criminal choices regarding speed. Newman said, "The defendant made choices, and in this case those choices were criminal – the choice of speed in a grossly negligent manner. Cedric Hayden and DeJuan Pettis wouldn’t be dead if the simplest choices were made, follow the law."
Defense attorney Marc Curtis claimed Hayden was responsible. Curtis said, "That is a superseding, intervening cause of this accident, not officer Burke. The individual that was grossly negligent this day that put himself, his passenger, officer Burke, officer Michael Rodolfo in danger was Mr. Hayden. He ignored the law." Curtis stated Hayden crossed double-center lines prematurely, failed to activate a left-turn signal, and had a blood alcohol concentration of 0.198%.
Law enforcement responded to a black Jeep Cherokee linked by Flock camera data to recent ATM robberies. Evidence indicated the police vehicle struck the passenger side of a civilian SUV at 94 mph, five seconds after traveling at 115 mph while braking. The civilian vehicle was turning left from Schoenherr Road onto Prospect Avenue. Officer Michael Rodolfo sustained injuries.
Curtis stated Burke was acting to protect the public. Curtis said, "Officer Burke was doing what he needed to do for what was necessary from him to protect us from crime."
The trial lasted four days before the jury deliberated for approximately two hours across two days. Burke was comforted by his attorney while jurors were polled. Two civil lawsuits filed by the families remain pending.