Defense for ex-Warren cop in double-fatal crash says second driver was drunk

FOX 2 - The defense is presenting its case in the trial of former Warren police officer James Burke.

The backstory:

He's charged with manslaughter after killing two men in a crash while driving at speeds topping 100 miles per hour.

The prosecution has rested its case, and now the spotlight is on the actions of Cedric Hayden Jr. that morning.

It has been proven in court that Hayden Jr. had a blood alcohol level of .198, more than twice the legal limit.

A forensic toxicologist broke down the findings and explained how drinking that much alcohol could affect a person's perception and motor skills.

Another issue called into question was the left turn Hayden Jr. made onto Prospect Street.

An accident reconstructionist testified that the turn was illegal because it was made too early, causing the Dodge Durango to cross into potential oncoming traffic.

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Burke was traveling at more than 100 miles per hour, hit the brakes, and the crash occurred at 94 miles per hour.

Dr. Curt Harper, a forensic toxicologist, testified:

"Based on the height, age, weight and sex of the individual, I estimate it would take approximately seven to eight drinks to reach a 0.198% blood alcohol concentration," he said. "That is a theoretical calculation assuming all those drinks are consumed instantaneously, which is not a typical drinking pattern."

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When asked whether flashing red and blue police lights would be easier for an intoxicated driver to recognize than regular headlights, Harper responded:

"I would say, in my opinion, yes."

The prosecution argued that Burke should have had his overhead lights and police siren activated while traveling that fast.

Crime and Public SafetyWarren