The long-awaited manslaughter trial of former Warren police officer James Burke is now underway in Mount Clemens, where jury selection opened today in Macomb County Circuit Court. Burke is accused of slamming into a Dodge Durango on Schoenherr Road near Prospect Avenue in a September 2024 crash that killed two men, a case that has already seen dash-cam and surveillance footage played in earlier pretrial hearings attended by the victims' families.
Jury selection and the courtroom
Jury selection began today at the Macomb County Circuit Court, according to WXYZ. Lawyers spent the morning pressing potential jurors on what they have seen or heard about the case, their views on policing, and whether they could stay neutral in a high-profile trial involving a former officer. Family members of the two men who died, Cedric Hayden Jr. and DeJuan Pettis, were in the gallery for the opening round of questioning.
Charges and what prosecutors allege
Burke is charged with two counts of homicide, specifically manslaughter with a motor vehicle, along with related misdemeanor counts, according to the Macomb County Prosecutor's Office. At earlier hearings, crash reconstruction testimony and data from the police SUV's event recorder indicated the Warren patrol vehicle hit roughly 114 to 117 mph in the seconds before the collision, as reported by FOX 2 Detroit. Prosecutors say Burke was responding to a be-on-the-lookout call without lights or sirens activated and argue that his high speed and failure to signal are at the heart of their negligence case, details laid out in the formal charging documents, along with the potential penalties.
Defense response and toxicology
The defense has countered that the Durango made an improper left turn directly into Burke's path and that its occupants may have been impaired, a theory that surfaced repeatedly in pretrial arguments, according to WXYZ. A toxicology report previously disclosed showed the Durango's driver had a blood alcohol level of about 0.198, a point Burke's attorneys have emphasized even as the families' lawyer has argued that the officer's driving should remain the focus of the case, per CBS News Detroit.
Families pursue civil claims
The families of Hayden and Pettis have also filed civil lawsuits and retained Fieger Law to represent them. In a news release, the firm stated that jury selection in the criminal case began on June 2 and repeated the families' call for accountability, highlighting allegations about Burke's speed and driving decisions. "This case raises important questions about public safety," Fieger Law attorney James Harrington said in the statement, which was distributed through PR Newswire.
Legal implications
Each manslaughter count listed by prosecutors carries a potential 15-year felony sentence, according to the Macomb County Prosecutor’s Office. Jurors will be asked to decide whether Burke's decisions, including how fast he was driving and his choice not to use lights or sirens, amount to gross negligence that legally caused the deaths of Hayden and Pettis. That legal standard, and how it applies to police driving in emergency responses, was a key topic when the judge agreed to bind the case over for trial and has been a recurring focus in local coverage, including reporting by FOX 2 Detroit.
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