Woman accused in hit-and-run in Ypsilanti posts $500 toward bond; 1 victim in critical condition
A woman suspected of being under the influence when Ypsilanti police say she hit two pedestrians and left the scene Friday has been released from the Washtenaw County Jail after posting bond, jail officials said today.
Kimberly Sue Burke, 21, of Belleville, was arraigned Sunday morning at the jail on two counts of failing to stop at an accident resulting in an injury.
Magistrate Mark Nelson set bond at $5,000 with the right to post 10 percent, meaning Burke had to pay $500 to get out Sunday afternoon.
Ypsilanti police Det. Sgt. Troy Fulton said Burke's 2002 Ford Taurus veered off the road at 3 p.m. Friday in the 1300 block of Huron River Drive, where a 24-year-old woman and 25-year-old man were waiting for a bus near the northern edge of the Eastern Michigan University campus.
Police said the car struck both of them, along with mailboxes, street signs and a brick wall.
The victims, who are from Ypsilanti Township, remain hospitalized, Fulton said this afternoon. The man, who had a serious head injury and broken leg, is in critical condition, Fulton said. Fulton said the woman, who has a broken leg and other injuries, is expected to be released soon.
Police have no indication the car slowed prior to impact, he said.
Burke was arrested roughly a half-hour after the collision, as she was walking on Superior Road, where police also found her damaged car parked in the woods, Fulton said.
Burke was taken to St. Joseph Mercy Hospital, where a search warrant was executed on her blood, Fulton said. Fulton said police are waiting for the lab results. He declined to specify whether Burke was suspected of being under the influence of alcohol or drugs.
A preliminary hearing is scheduled for June 14.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.
Comments
tina hisler
Sat, Jun 11, 2011 : 5:26 a.m.
I feel so sorry for the families of the victims but the truth is the facts are not presented yet and I believe everyone deserves to hear what really happen paper says car was out of controll , did anyone ever check the status of car did something happen yes she is a local and also a student of washtenaw comunity college and has a family as well so I m glad that she was able to post bond and get out to get a attorny and get the facts out there instead of being railroaded by the system i like the comments that alot of people made beacuse truth is this was clearley a accident and 1/2 hour arrest less than 15 feet from accident they pick her up . maybe she had a injury in the car and was not consious of what happened ...to just assume is wrong and for the victims i will be praying for them this is a very unfortunate accident .........
focused27
Thu, Jun 9, 2011 : 11:27 p.m.
I was the first person on the scene. I am pissed, and absolutely disgusted that she is let out on 500 bail.. This is outrageous. As the first person on the scene you dont understand how bad this hurt me to watch both victims in so much pain. I pray for the families of the victims. They were badly injured. I was absolutely shocked standing their at the scene. It was so hard for me to watch.. The judge in this case should be ashamed. But I have seen sentences like this in the past. I am sure she will be sentenced to prison.
Lovaduck
Tue, Jun 7, 2011 : 4:28 p.m.
We need the strict laws against drunken driving that we have, but this is simply one sad consequence of them. Persons who've had some drinks and get in an accident now just run for their lives rather than be caught and pay the penalty for what they have done. I have no solution for this, but I see it happening every day. Instead of rendering assistance, as they might have done in the past, they run away, making the situation much worse. I am emphatically NOT urging us to repeal the drunk driving laws, so that people will stay at the scene, though I think our society could do more to make it possible to arrange cheap rides home from bars, etc. to head this sort of horror off at the pass. In areas where there is good public transportation, and "caddie cabs" which take people from home to the bar and from the bar to home, for $5 or so, there have been cutbacks in this sort of thing. I'm not blaming society and I can understand those who say, "I don't want my tax dollars spent to help out drunks", but we realize in this sad story that no solution is perfect in an imperfect world.
Woman in Ypsilanti
Tue, Jun 7, 2011 : 6:45 p.m.
I completely agree that tragedies like this can be avoided by providing people alternative ways to get home from bars. But even so, there will always be some people who think that the law doesn't apply to them or that they wont get caught, etc. The laws we currently have seem strict enough but I would love to see more enforcement.
Cash
Tue, Jun 7, 2011 : 5:59 p.m.
You make sense, Lovaduck. Good post.
Huron74
Tue, Jun 7, 2011 : 4:27 p.m.
I am surprised the bail was set that low.
fight hunger
Tue, Jun 7, 2011 : 2:50 p.m.
lord have mercy please dont let her out judge u break the law and hurt people the person putting up the money need to think about what she has really done please dont free her
Cash
Tue, Jun 7, 2011 : 2:06 p.m.
Does anyone know if the police hold the driver's license in these cases? If so, I really don't want to pay my taxes for her to be in jail pending court. She is a local and if she has family in the area, it seems logical to expect she will be around here. Also, the accusations posted here yesterday are unproven and hearsay. While people who read them may take them seriously, remember all kinds of rumors go around and not a lot prove true. I'm a firm believer in giving every person their day in court and not trying them in the media. The truth will come out in court.
Huron74
Tue, Jun 7, 2011 : 11:58 p.m.
Cash, You have no idea if the police can or did seize the defendant's DL. You're just speculating as to the facts here.
Cash
Tue, Jun 7, 2011 : 5:55 p.m.
Huron....the person who drove the car in the woods was obviously trying to hide it. Do you know it was her? No. We do not know any more than is in the article. I personally think if the police held her license, and I'm betting they did, and if she has family here, I can't see jailing her pending the court case. This is NOT her sentence, this is just her bond pending court. There are people who want everyone they are mad at in jail but vote no on a new jail. Go figure. You can't have it both ways.
jjc155
Tue, Jun 7, 2011 : 5:39 p.m.
Gramma actually the police can and do hold licenses of individuals arrested for suspicion of OWI alcohol and/or drugs when a blood draw is completed. The license is held until the lap results are back and then either destroyed if over the legal limit or returned to the driver if under the limit. Not to mention that it is pretty typical that if a person refuses a breath/blood/urine test that a search warrant is obtained. Upon a refusal the license is seized automatically until the results come back.
Gramma
Tue, Jun 7, 2011 : 5:19 p.m.
I don't think the police can hold a license. The judge could, but the story doesn't say if he did. The truth does not always come out in court. It depends on a lot of factors.
Huron74
Tue, Jun 7, 2011 : 4:29 p.m.
Sure cash. Just like it's logical to expect no one would get in a accident and then drive away and hide your car in the woods. Sheesh.
OLDTIMER3
Tue, Jun 7, 2011 : 11:54 a.m.
They will probably say the JAIL is over crowded as an excuse!
Jimmy McNulty
Tue, Jun 7, 2011 : 11:27 a.m.
I love the way details of this story emerge like peeling the layers of an onion.
Steve Pepple
Tue, Jun 7, 2011 : 11:06 a.m.
Comments that make unsubstantiated accusations will be removed.
Jen Eyer
Tue, Jun 7, 2011 : 5:34 p.m.
A comment that discussed moderation was moved to the conversation guidelines thread: <a href="http://annarbor.com/about/annarborcom-conversation-guidelines-comment-moderation/">http://annarbor.com/about/annarborcom-conversation-guidelines-comment-moderation/</a>
d_a2
Tue, Jun 7, 2011 : 4:17 p.m.
how bout instead of moderating comments you guys put up news that happens around the area? Only one article in the crime section since friday? Really? How bout that armed robbery that occured on campus yesterday or all the other news you "reporters" missed.
Steve Bush
Tue, Jun 7, 2011 : 5:01 a.m.
We are the parents of the female victim, who happens to be 6 months pregnant. We had to sit through the arraignment and look at this woman, who injured our child and could have possible killed our grandchild. Just so the legal system can set her free for $500. She gets to walk around and do whatever she wants, while my daughter and her boyfriend is still in the hospital as of today, one is critical and the other is in constant pain. If this woman didn't stay at the scene of the crime she committed. What makes the court system think won't be a flight risk? We want to believe in the court system, but it has clearly shown us otherwise. Because this could have been a clear case of involuntary manslaughter or murder with a vehicle.
focused27
Thu, Jun 9, 2011 : 11:30 p.m.
I was the first person on the scene. I watched this car hit these people. This is absolutely disgusting.. 500 bail this is insane. I have prayed for your daughter since this happened. I felt so bad becuase when I contacted her mother I was freaking out. When I got home I was so mad at myself for not be calm when I made the call. I'm praying for your family.
Steve Bush
Wed, Jun 8, 2011 : 12:54 a.m.
Everything about this woman is true again i am the father of the female victim. Today was the first that my daughter was to even able to try to get out of her hospital bed to try to stand.
kdadnick
Tue, Jun 7, 2011 : 9:36 a.m.
God's blessings on your family, Steve... may your daughter and her child, as well as her boyfriend recover from these injuries. Don't give up on the court systems. The facts appear very curious from an outsiders view, but give the court time to put together a solid case...you don't want the driver who injured your loved ones to get off on a technicality. Hang in there!
Roadman
Tue, Jun 7, 2011 : 6:08 a.m.
Mr. Bush: Your comments are appreciated. Victims are guaranteed rights in criminal prosecutions under the State of Michigan Constitution. I commented heavily on the Dean Devitis tragedy where the County Prosecutor's office did not even have a copy of the defendant's driving record when asked by the judge at sentencing where the defendant pled guilty to negligent homicide and the judge gave 2 years of probation with a one-year driver's license suspension. There has been a cavalier attitude of judges in the circuit court system that treats these cases like they are no big deal at sentencing. I have also talked of the "insider network" of lawyers prosecutors,and judges where campaign contributions seem to correlate to lenient sentences. The <a href="http://www.a2buzz.org" rel='nofollow'>www.a2buzz.org</a> website established by the political action committee People Against Corruption has analyzed and criticized the local court system. The Burke case will eventually be bound over to the circuit court where there has been controversy. There are many who sympathize and support your position and criticisms.
John Hritz
Tue, Jun 7, 2011 : 3:24 a.m.
This is for me (and seemingly google) the first time this exact sentence has seen print although I get the concept: ...a search warrant was executed on her blood
Ricebrnr
Tue, Jun 7, 2011 : 4:21 p.m.
Now now ,we criticize them when they copy and paste articles. We can't then criticize them for actually coming up with some original content.
Jeff Renner
Tue, Jun 7, 2011 : 2:32 p.m.
I think that whet John Hritz meant was that it was a poorly written phrase, and I agree. Since his search shows it to be unique, it would seem that the rest of the journalism world agrees as well.
Roadman
Tue, Jun 7, 2011 : 3:51 a.m.
It simply means a judicial officer signed a search warrant authorizing a law enforcement officer to direct a health care professional to extract a sample of blood from a person for purposes of alcohol percentage analysis.
Out-of-Towner
Tue, Jun 7, 2011 : 3:50 a.m.
Try "blood search warrant" for 4,180,000 Google hits...
Roadman
Mon, Jun 6, 2011 : 11:32 p.m.
"Burke was arrested about a half hour after the collision." How do we know Miss Burke was driving the vehicle? The law is very clear in Michigan that you essentially have have direct evidence to place a OUIL suspect behind the wheel to prosecute for that offense. The same argument is being made in Florida with Tiger Miguel Cabrera by his legal counsel. They also have to prove that she did not drink or eat anything immediately after the accident or the blood-alcohol test results are unreliable. The blood-alcohol test in order to be valid must be withdrawn no later than 2 1/2 to 3 hours after the collision. Given the timeline, police would have one-half hour to arrest her (she likely did not accept the breathalyzer test offer, necessitating the search warrant application to a local judge or magistrate), getting her to the station, obtaining a search warrrant after having an attorney draw it up, and returning to the hospital to order a health care professional to withdraw the blood - two to four hours easily for that entire process. A good defense attorney will have a field day in filing suppression motions with the court.
Roadman
Wed, Jun 8, 2011 : 3:28 a.m.
@Bertha Venation: For civil purposes under the Civil Liability Act an owner is liable for negligent operation by other permissive users with a rebuttable presumption that a driver operating the vehicle in question has the conensent ot the owner to drive it. @mgOblue: An application accompanies an affidavit sworn to by a law enforcement officer in support of issuance of a search warrant. In certain counties there is an assistant prosecuting attorney whose sole job it is to draft warrant affidavits and other documents related to warrant issuance. An assistant prosecuting attorney typically authorizes the warrants before they are issued to a magistrate or judge for review and signature. In complex felony drug or homicide cases a prudent officer will always go to a prosecutorial official for the drafting and issuance of affidavits and other legal documents related to search warrant issuance because good defense attorneys examine those documents with a fine-toothed comb afterwards and attempt to find deficiencies in these documents with respect to the government's duties under the Michigan Code of Criminal Procedure and the Warrant Clause of the Fourth Amendment to the U.S. Constitution and concurent requirements set forth at Article I, Section 11 of the State of Michigan Constitution, which can give rise to evidence suppression if the defense counsel convinces the judge such deficiencies exist.
bedrog
Tue, Jun 7, 2011 : 3:09 p.m.
are you the same 'roadman' as posted a previous comment??? would seem not.. .patent infringement on the screen name??
Bertha Venation
Tue, Jun 7, 2011 : 12:44 p.m.
I was always taught that the registered owner of the car is responsible if there is some question as to who was driving. If the car was in her name, would it really matter?
mg0blue
Tue, Jun 7, 2011 : 10:36 a.m.
"How do WE know Miss Burke was driving the vehicle?" That's not for US to know. The officers apparently had probable cause to make an arrest and the suspect was charged in the case by the prosecutor. I can assume by your comments on this story that you're an attorney. Maybe you can get this case an you can get all of the answers. I'll give you some advice if you get this case though, make sure you know the search warrant process better. There is no such thing as a search warrant "application", it's called an affidavit. Second, an attorney does not draw up a search warrant, it's prepared by the officer. An attorney can not be an affiant on a search warrant. This is first year law school stuff.
ferdcom
Tue, Jun 7, 2011 : 1:46 a.m.
It's the Ted Kennedy gambit. If you're drunk, take off. The penalty for leaving the scene of an accident is a lot lighter than causing an accident while drunk. Drive away and sober up.
Gramma
Tue, Jun 7, 2011 : 1:11 a.m.
Even if the driver wasn't intoxicated, it was a hit and run.
Goodphotographer
Mon, Jun 6, 2011 : 11:13 p.m.
These alegations are very serious indeed. I have to wonder how the car got into the woods and what witnesses saw. Cars can do a lot of damage when used in a reckless manner. Car or Gun reckless in reckless. This bond seems low considering someone is fighting for their life. I hope those injured recover more quickly than the parties at fault.
Ricebrnr
Mon, Jun 6, 2011 : 10:48 p.m.
When o when will these assualts be treated seriously?
Roadman
Mon, Jun 6, 2011 : 10:47 p.m.
This is a sad story. I have a hard time believing someone could post $500.00 and got released from jail given allegations like those made here. I hopr the victims can make a speedy recovery and justice is had.