Officer faces manslaughter charges in fatal crash

WARREN — A Warren police officer has been arraigned on two counts of manslaughter and other charges after an early morning high speed crash in September that killed two Warren men on Schoenherr Road at Prospect Avenue.  

Officer James Burke, 28, was arraigned in the 37th District Court Nov. 22. Burke 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 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 Durango driven by Cedric Hayden Jr., 34, as he was turning left on Prospect from northbound Schoenherr at about 5 a.m. 

Hayden was reportedly dead at the scene. His passenger and best friend, DeJuan Pettis, 33, 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 from work once he is fully recovered from the injuries suffered in the accident, according to the Warren Police Department.

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

“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,” Lucido stated in a press release. “Our thoughts are with the victims' families, and we remain committed to pursuing justice in this matter."

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

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. “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.”

Before the incident, Burke was awarded a 2024 Valor Award for heroic action by the 100 Club in Detroit.

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