WARREN, Mich. (CBS DETROIT) – The attorney for the families of Cedric Hayden Jr., 34, and Dejuan Pettis, 33, is firing back after an autopsy and toxicology report was released by the Macomb County Medical Examiner.
The report found that the driver, Hayden Jr., had twice the legal alcohol limit in his blood.
Attorney James Harrington of Fieger Law said the findings do not affect the criminal and civil cases filed as a result of the crash involving the officer. killed Hayden Jr. and Pettis on September 30.
“This is another form of victimization,” Harrington said.
Warren Police Officer James Burke was pursuing a suspect without sirens or flashing lights on and was reportedly driving more than 100 mph when his police cruiser crashed into the SUV carrying Hayden Jr. and Pettis on board.
“This release of whatever this is has absolutely nothing to do with Officer Burke breaking the law. He was speeding and he never turned on his lights as required by law,” Harrington said.
At the end of last month, Burke was charged with two counts of manslaughter. Since Fieger’s law has filed two separate civil lawsuits worth $100 million To Warren police, Harrington said this autopsy report had been withheld from his legal team.
“I told everyone that we have been asking everyone for this data. We have been asking for all the data for over eight weeks and we called the Macomb County Medical Examiners Office and we were told the reports are not ready yet,” he said .
As for Hayden Jr.’s DUI, Harrington said it should not affect the criminal charges Burke faces, nor will it affect the civil case.
“We are full steam ahead. This has absolutely nothing to do with the case. This does not impact the case in any way because the officer’s conduct is undeniable,” Harrington said.
The Macomb County Prosecutor’s Office has confirmed that the toxicology report will not affect the state’s decision to pursue criminal charges against Burke.
Gino Vicci
