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Police dash cam Jan 23/08:Michigan...An Emmet County Circuit Court jury has returned a split verdict for a former Boyne Falls man who was facing a pair of criminal charges for breaking his cane over the head of a Petoskey police officer during a traffic stop.
An Emmet County Circuit Court jury has returned a split verdict for a former Boyne Falls man who was facing a pair of criminal charges for breaking his cane over the head of a Petoskey police officer during a traffic stop.
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Following about two-and-a-half hours of deliberation Thursday, the eight-woman, four-man jury found Reggie Bernard Burks Sr., 47 not guilty on a charge of assault with a dangerous weapon, a four-year felony and guilty on a charge of resisting and obstructing police, a two year felony. The second verdict was the less-serious of two options the jury had for the resisting and obstructing charge. The more serious option was resisting and obstructing causing injury, a four-year charge.
After hearing one-day’s worth of testimony Wednesday, the jury began deliberations at 9:02 a.m. Thursday and announced their verdict at about 11:30 a.m.
The charges stem from an incident that took place during a traffic stop in front of the entrance to the Northern Michigan Regional Hospital emergency department on Sept. 18.
According to testimony and a tape from a police cruiser video camera, Petoskey officer Todd Troxel attempted to make a traffic stop on a van driven by Burks’ wife Jacqueline near the U.S. 31/131 intersection. Reggie Burks testified that his wife was driving him to the hospital after he was injured in a fall. Jacqueline Burks did not pull over for Troxel until reaching the hospital at which time a verbal confrontation ensued between Troxel and Jacqueline Burks. While Jacqueline and Troxel were arguing, Reggie Burks exited the vehicle and moments later broke his wooden cane over Troxel's head.
Burks testified Wednesday that he hit Troxel in self-defense because he thought Troxel was about to shoot him or his wife.
Charges, including resisting and obstructing, fleeing and eluding police, possession of mislabeled prescription drug containers and several misdemeanor traffic-related charges are still pending against Jacqueline Burks. Court officials were waiting for the outcome of this case to schedule the trial in Jacqueline Burks’ case.
Following the verdict Burks’ defense attorney Hillary Briolat told the News-Review that both she and her client were happy with the verdict.
“Nobody likes to see a police officer assaulted and nobody likes to see someone’s rights violated,” Briolat said. “I think it came down to whether the jury thought it was self defense.”
She noted that the jury was not allowed to consider a “self-defense” defense in the resisting and obstructing charge because higher courts have held that a person may not resist police even if the officer’s actions are unlawful.
Both Emmet County Chief Assistant Prosecutor Duane Beach and Troxel declined comment following the trial citing the pending case against Jacqueline Burks.
Although the maximum penalty on the resisting and obstructing conviction is increased to 15 years because of a habitual offender, fourth offense sentencing enhancement, the state’s sentencing guidelines make it unlikely that Reggie Burks will receive a prison sentence on the conviction, Beach said.
Burks will be sentenced on his conviction in about a month. He remains free from custody on a personal recognizance bond in the meantime.
Steve Zucker439-9346 - szucker@petoskeynews.com
Related Links:
Trial for man accused of assaulting a Petoskey police officer gets underway
Jury likely to decide Burks' fate Thursday
Noon update from the Burks police assault trial
Jury to decide whether Burks acted in self defense
Police dash cam Jan 23/08:Michigan...An Emmet County Circuit Court jury has returned a split verdict for a former Boyne Falls man who was facing a pair of criminal charges for breaking his cane over the head of a Petoskey police officer during a traffic stop.
An Emmet County Circuit Court jury has returned a split verdict for a former Boyne Falls man who was facing a pair of criminal charges for breaking his cane over the head of a Petoskey police officer during a traffic stop.
- Advertisement -
Following about two-and-a-half hours of deliberation Thursday, the eight-woman, four-man jury found Reggie Bernard Burks Sr., 47 not guilty on a charge of assault with a dangerous weapon, a four-year felony and guilty on a charge of resisting and obstructing police, a two year felony. The second verdict was the less-serious of two options the jury had for the resisting and obstructing charge. The more serious option was resisting and obstructing causing injury, a four-year charge.
After hearing one-day’s worth of testimony Wednesday, the jury began deliberations at 9:02 a.m. Thursday and announced their verdict at about 11:30 a.m.
The charges stem from an incident that took place during a traffic stop in front of the entrance to the Northern Michigan Regional Hospital emergency department on Sept. 18.
According to testimony and a tape from a police cruiser video camera, Petoskey officer Todd Troxel attempted to make a traffic stop on a van driven by Burks’ wife Jacqueline near the U.S. 31/131 intersection. Reggie Burks testified that his wife was driving him to the hospital after he was injured in a fall. Jacqueline Burks did not pull over for Troxel until reaching the hospital at which time a verbal confrontation ensued between Troxel and Jacqueline Burks. While Jacqueline and Troxel were arguing, Reggie Burks exited the vehicle and moments later broke his wooden cane over Troxel's head.
Burks testified Wednesday that he hit Troxel in self-defense because he thought Troxel was about to shoot him or his wife.
Charges, including resisting and obstructing, fleeing and eluding police, possession of mislabeled prescription drug containers and several misdemeanor traffic-related charges are still pending against Jacqueline Burks. Court officials were waiting for the outcome of this case to schedule the trial in Jacqueline Burks’ case.
Following the verdict Burks’ defense attorney Hillary Briolat told the News-Review that both she and her client were happy with the verdict.
“Nobody likes to see a police officer assaulted and nobody likes to see someone’s rights violated,” Briolat said. “I think it came down to whether the jury thought it was self defense.”
She noted that the jury was not allowed to consider a “self-defense” defense in the resisting and obstructing charge because higher courts have held that a person may not resist police even if the officer’s actions are unlawful.
Both Emmet County Chief Assistant Prosecutor Duane Beach and Troxel declined comment following the trial citing the pending case against Jacqueline Burks.
Although the maximum penalty on the resisting and obstructing conviction is increased to 15 years because of a habitual offender, fourth offense sentencing enhancement, the state’s sentencing guidelines make it unlikely that Reggie Burks will receive a prison sentence on the conviction, Beach said.
Burks will be sentenced on his conviction in about a month. He remains free from custody on a personal recognizance bond in the meantime.
Steve Zucker439-9346 - szucker@petoskeynews.com
Related Links:
Trial for man accused of assaulting a Petoskey police officer gets underway
Jury likely to decide Burks' fate Thursday
Noon update from the Burks police assault trial
Jury to decide whether Burks acted in self defense
that muthafucka gettin' hit with the cane was funny as shit.
