Families of men killed in police crash question charges

WARREN — Attorneys representing the families of the two men killed when their vehicle was struck by a speeding Warren police SUV in September discussed the charges brought against the officer at a press conference at Fieger Law Nov. 25. 

The families of Cedric Hayden Jr. and DeJuan Pettis were joined by James Harrington, the firm’s managing partner, to address the media about the charges brought against officer James Burke.   

Burke, 28, was arraigned in the 37th District Court Nov. 22. He was charged with two counts of homicide-manslaughter with a motor vehicle, a 15-year felony; one count of willful neglect of duty by a public officer, a one-year misdemeanor; and a moving violation, causing serious impairment of body function, which is a 93-day misdemeanor. The prosecutor made the announcement late Friday afternoon. 

“What was announced on Friday (Nov. 22) was not good for the family,” Harrington said. “What needs to be done, the charges need to be amended to second degree murder because it is about justice.” 

He continued, “It’s just called doing the right thing.” 

Macomb County Prosecutor Peter J. Lucido was contacted after the Nov. 25 press conference at Fieger Law and asked if the charges would be amended. In a written statement, Lucido said, “After a thorough review of the Macomb County Sheriff’s full investigation, the Macomb County Prosecutor’s Major Crimes Unit determined that the appropriate charges in this matter are as stated in our press release (of Nov. 22).”  

The case was independently investigated by the Macomb County Sheriff’s Office, which found the Warren police SUV driven by Burke was traveling southbound on Schoenherr Road at a high rate of speed when it struck the white Dodge Durango driven by Hayden as he was turning left onto Prospect from northbound Schoenherr at about 5 a.m. on Sept. 30. The men were on their way to Hayden’s Warren home. Both men worked the afternoon shift — Hayden at Stellantis, and Pettis at General Motors. 

Hayden was reportedly dead at the scene. Pettis, 33, his best friend and the passenger in the Durango, died at the hospital.  

According to Warren police, both Burke and the officer riding as a passenger in the police SUV suffered serious injuries. The other officer was not charged with a crime and will return to work once he is fully recovered from the injuries suffered in the accident, according to the Warren Police Department. 

“My son laid there on that ground for seven hours,” Cedric Hayden Sr. said. “But there were no officers out there. They were going to the hospital. The other young man was going to the hospital. But my son was out there for seven hours and that’s not right. I’m not getting answers from (anybody) in Warren.”

Lucido’s office brought the charges against Burke at the conclusion of the investigation by the Macomb County Sheriff’s Office. Burke appeared via Zoom video for arraignment before Judge Michael Chupa.   

Cedric Hayden Sr. said if it were him speeding and two officers were killed, he would be going to prison. 

 “The charges are devastating,” he said. “I feel they are weak. I feel more charges should be there and much harsher than the charges they brought.”   

He elaborated about what justice would look like to him. 

“I would say at least second (degree murder) and 80 years to life, 40 years to life,” Cedric Hayden Sr. said.  “I need it up there because you took away two living fathers, two sons, two brothers, uncles, cousins and friends are no longer here. Because you wanted to play in the street and do all this with a car.” 

He pointed out that Burke is not in jail after the arraignment, and that he is at home.  

“Why is this man (Burke) at home with his kids,” Cedric Hayden Sr. said. “If it had been me, I couldn’t go home.”    

Marc Eric Curtis is Burke’s attorney, according to the court records. Curtis was not immediately available for comment on the charges. 

“The problem of what we’re seeing is these charges underscore preferential treatment to the white officer — period end of story,” said Harrington.

Asked to elaborate on that claim, Harrington said, “Simple. Simple. That happened in Warren, earlier this year, where an African American man killed a woman in a car. He was charged with second-degree murder. He was given a million-dollar bond and they put a tether on his leg,” Harrington said. “And now, you have a white cop who kills two people.” 

Harrington described the officer as “driving like a maniac.” 

Burke received a $100,000 personal bond.  

Harrington was asked if the charges were the result of Burke’s status as an officer, or a white officer. 

“We deal with facts. Here’s the fact: He is a white officer,” Harrington said. “And he was treated different, in a preferential manner, than an African American of our community.”  

Many at the press conference questioned the high rate of speed Burke was traveling without lights or a siren. The officers were not in pursuit, according to police. 

“They disrespected their badge, the moment they drove that carelessly,” said Lakita Blakeney, Pettis’ girlfriend. “They didn’t have pride in their work. They treated Schoenherr as if it was a racetrack. We’re supposed to call you (Warren police)? You’re supposed to protect us?” 

Cedric Hayden Sr. said the officer who was a passenger in the patrol vehicle should also be charged. 

“He could have reached his hand in there and turned that light on himself,” he said. 

Reflecting on Hayden and Pettis, Blakeney said, “Both men were experiencing the best chapter of their lives.”

“I’m proud of you. I’m proud of you,” Blakeney said, as she recalled one of her last conversations with Pettis. 

Burke awaits a probable cause conference scheduled for Dec. 5 in Judge John Chmura’s courtroom in 37th District Court in Warren.

“Our thoughts remain with those whose lives were impacted by this tragic crash,” Macomb County Sheriff Anthony Wickersham said in a statement after the charges were announced. “We hope the conclusion of this investigation begins to bring a sense of closure and healing as they continue to navigate this difficult time.”

Burke has served with the Warren Police Department for nearly three years and has been on administrative leave since the incident. An internal investigation by the Warren Police Department will follow the conclusion of the probe by the Macomb County Sheriff’s Office. 

“As required by the collective bargaining agreement, he (Burke) will be given a due process hearing to determine the future of his employment with the Warren Police Department after the internal investigation is completed,” Warren police stated in a press release. “He will not return to work from his administrative leave before that hearing occurs.”

Call Staff Writer Gena Johnson at (586) 498-1069.