Driver was drunk in double-fatal crash with speeding Warren police officer, autopsy shows

FOX 2 - A new development in a fatal crash involving Warren police that left two men dead. The victim driving was drunk at the time of the September crash that killed him and his passenger.

"It doesn't hold any weight, and it doesn't affect the justice we're pursuing for our clients," said James Harrington of Fieger Law, representing the victims' families.

The incident occurred Sept. 30 when best friends Cedric Hayden Jr. and DeJuan Pettis were driving on Schoenherr Street. A speeding Warren squad car, driven by Officer James Burke, hit them. It has been alleged that the police cruiser did not have its lights and sirens activated at the time of the crash.

Autopsy results show that Hayden had a blood alcohol content of 0.198 — more than twice the legal limit.

"The officer's report clearly indicated that Mr. Hayden was the driver of the vehicle, even though it is Mr. Pettis's vehicle, who was the passenger," said Macomb County Prosecutor Pete Lucido.

After the car crash, Fieger Law filed a lawsuit against the Warren Police Department on behalf of the victims' families, seeking $100 million.

The attorney says the revelation that Hayden was intoxicated will not affect the civil case.

"In order for any of this evidence to be admissible, it has to have a causal link to what happened, and there's no causation," Harrington said.

Video of the crash is providing key evidence in the case, according to the attorney.

"We see them conforming and adhering to all the laws in the state of Michigan. They were in their lane of travel, they were not going the wrong way. We see this on video," Harrington said.

Meanwhile, last month, Burke, 28, was charged with two counts of manslaughter with a motor vehicle.

Lucido says he doesn't believe the fact that one of the victims was intoxicated will affect the criminal case.