Editor's Note: An earlier version of this story incorrectly reported that the officer who was charged was drunk. He was not. It was the driver of the vehicle involved. This story has been updated to reflect the information. WXYZ regrets the error
Nearly two months after the Warren car crash that killed 34-year-old Cedric Hayden Jr. and 33-year-old DeJuan Pettis, the Warren police officer driving the police cruiser has been charged.
According to court documents, on November 22nd, the officer, James Burke, was charged and arraigned at Warren District Court on four counts, including Manslaughter with a motor vehicle, a fifteen-year felony. However, the family members of both victims say that's not acceptable, especially after hearing the 28-year-old officer is out on a 100,000-dollar personal bond.
On Tuesday, Dec. 3, Warren police confirmed to 7 News Detroit that the driver who was killed in the crash was reportedly drunk. According to Warren police, Pettis had a preliminary BAC of .198, more than twice the legal limit of .08.
Original story from November below
“I feel disgusted. I feel disappointed,” said Lakita Blakeney, Dejaun Pettis's girlfriend.
“That (officer) killed my brother and Dejaun, and he is at home,” said Valencia Glover, Cedric’s sister.
“The charges were bogus,” said Shakearia Maye, Dejaun Pettis's mom.
“At least, 80 to life, 40 to life, I need him up there. Because you did take away two lives,” said Cedric Hayden Sr., Cedric Junior’s dad.
“We have to go every single day without the two people that helped us every day. That brought joy. That on our bad days, just seeing their smiles and hearing their voice, and feeling their hugs, would just make everything go away,” said Blakeney.
“Now we have to grow up with no dad,” said Devin Hayes, Dejuan Pettis's son.
The crash that injured two officers and killed two lifelong friends happened on September 30th at Schoenherr near Prospect around 5 am. 34-year-old Cedric Hayden Jr., and 33-year-old DeJuan Pettis were on their way home. Warren Police clarified that they were not part of a pursuit.
"Two fathers. Two sons. Uncle, cousins, whatever you want to call it. They are not here. Because you want to play on the street,” said Cedric Sr.
Macomb County Sheriff's Office investigated the crash. They shared their findings with me, which show that at the time of the impact, Warren Police Officer James Burke was driving at nearly 94 miles per hour without lights and sirens.
“And I don't feel the passenger should not be charged because why can't he reach his hands and turn on the light himself,” said Cedric Sr.
Warren Police say since the passenger officer was not charged with a crime. Officer Burke's partner will return to work from administrative leave once he fully recovers from the severe injuries he suffered in the accident.
“What was announced on Friday was not good for the family. And what needs to be done is the charges need to be amended to add 2nd degree murder,” said James Harrington, Managing Partner, Fieger Law.
The Macomb County Prosecutor's office says they received the warrant request on November 20th, and the charges were filed the next day. However, during the review, the prosecutor's office said the case did not rise to the level of 2nd-degree murder.
"You are hearing the disappointment that this officer received preferential treatment because he is a white officer,” said Harrington.
Through Fieger Law, the families have also filed 2 lawsuits against the City of Warren and the two police officers worth 100 million dollars each.
Meanwhile, Warren Police also say Officer Burke, has been with the department for nearly 3 years with an impeccable record and he is to be presumed innocent until proven guilty. A Probable Cause Hearing is scheduled for December 5 at 9:30 am.
