


Three days before Thanksgiving, family and friends of two men killed in a crash involving a Warren police officer on Monday criticized the Macomb County Prosecutor’s Office for not filing tougher criminal charges against the officer.
Cedric Hayden Jr., of Warren, and DeJuan Pettis, of Detroit, died Sept. 30 after officer James Burke crashed into their SUV on Schoenherr Road as they waited to left on Prospect Street.
Burke, 28, was charged Friday with two counts of manslaughter with a motor vehicle, a misdemeanor moving violation causing serious injury and misdemeanor willful neglect of duty by a public officer. The charges were announced last week..
Speaking at a news conference at Fieger Law in Southfield on Monday, Cedric Hayden Sr., Hayden’s father, said he felt the charges were lighter than they should have been. He said he wants the officer who was in the passenger seat to be also charged.
“If I did that, if I killed two officers, you would’ve never seen me again but in the penitentiary,” Hayden Sr. said.
“And I feel that would have happened, I know that would have happened. But why is that man at home with his kids? Why did he get to go home? You’re trying to sweep this under the rug like it didn’t happen because he’s one of y’all. And that’s not right.”
Close to two dozen family members and friends were at Monday’s news conference to express their frustration with the criminal charges and what they said was a lack of communication from police and the prosecutor’s office.
Supporters of the victims, described as good friends, said authorities were “trying to sweep something under the rug” when they chose not to charge Burke with murder.
Some also said race may have played a part in the decision. The victims were Black, while Burke is white.
“Now we have a white cop who kills two people driving like a maniac and he gets $100,000 personal bond and he isn’t charged with second degree murder,” attorney James Harrington said. “It’s preferential treatment and if that doesn’t prove it, I don’t know what will…I do believe this was a preferential, racially based undercharging.”
On Monday, Macomb County Prosecutor Peter Lucido issued a statement that said: “After a thorough review of the Macomb County Sheriff’s full investigation, the Macomb County Prosecutor’s Major Crimes Unit determined that the appropriate charges in this matter are as stated in our press release.”
Two separate $100 million lawsuits have been filed in Macomb County Circuit Court by the deceased men’s estates against Warren for the crash, alleging the police SUV was moving close to 100 mph when it struck a white Dodge Durango, occupied by Hayden and Pettis.
According to the complaint, the officers did not activate their emergency sirens or lights, and failed to brake before the collision.
“While police officers often face challenging and fast-moving situations, the decision to drive at high speeds without lights or sirens undermines the safeguards meant to protect everyone on the road. Our thoughts are with the victims’ families, and we remain committed to pursuing justice in this matter,” Lucido said last week.
At Monday’s news conference, Pettis’ son Devin Hayes, and Hayden Jr.’s 16-year-old daughter, Lynnira Taylor, both spoke.
“All I know is Thursday is Thanksgiving and me and my mom and my sister are wearing my brother for Thanksgiving,” said Taylor, noting several relatives wore T-shirts and pendants with Hayden’s image. “He don’t get to be with us. He is around my neck.”
Devin Hayes, 9, said he will grow up without his father to guide him.
“I think all charges should be charged because that white man killed my dad,” Devin quietly said as his mother held him up at the podium.
Lakita Blakeney, Pettis’ girlfriend, said she was disappointed with the case.
“They disrespected their badge the moment they drove that careless,” Blakeney said. “They treated Schoenherr as if it was a racetrack.”
Officer Burke remains on paid administrative leave until the outcome of an internal investigation by Warren police to determine his employment status, per the union contract, police said. He will be offered a due process hearing.
Warren police have not publicly identified the other officer in the police vehicle the day of the crash. He continues to recover from the “serious injuries” he suffered in the incident, police said.
Burke has what department leaders describe an “impeccable record” while working at Warren police for three years and five years at another law-enforcement agency. He has no history of problematic driving or any prior incidents of concern, and has received public service awards, including a 2024 Medal of Valor for heroism in the line of duty, according to the department.
Burke faces up to 15 years in prison if convicted on the manslaughter charge. He was also charged with willful neglect of duty by a public officer, punishable by up to one year in jail, and moving violation causing serious impairment of body function, a 93-day misdemeanor.
The police department issued a statement that read in part: “The Warren Police Department recognizes the gravity of this tragic incident and extends our deepest sympathies to the victims’ family and friends. We also continue to pray for the full recovery of our injured officers.”