Murder Try Arraignment Delayed

Murder try arraignment delayed

By AMY SMITH

NEWS STAFF REPORTER

It may be several days before Charles L. Burke will be formally charged with attempted murder of a police officer after an unusual set of circumstances Monday left Burke critically wounded by two bullets.

Burke is expected to remain in intensive care at University of Michigan Hospitals for five to seven days, said Ann Arbor police Lt. Dale Heath. Until then, a warrant charging attempted murder will not be served on the 48-year-old school crossing guard. He was listed in fair condition this morning.

Just why Burke went to Veterans Memorial Park Monday morning armed with a .38-caliber revolver may have been related to his agitation over an anticipated criminal sexual conduct charge against him, his attorney said this morning.

“He may very well have been suicidal and may have gone to the park to shoot himself - that’s certainly a possibility," said Glynn Barnett. “Then again, he may have been wandering around with that gun in his hand without any specific purpose.”

Barnett said his client had been deeply disturbed by the Washtenaw County Sheriff’s Department investigation of the criminal sexual conduct complaint, and was troubled over the prospect of being charged and facing a possible prison term.

Sheriff’s Detective William Eskridge said he would seek a warrant today on a charge of third-degree criminal sexual conduct against Burke. Eskridge said the assault against a 30-year-old woman occurred May 3. Sexual assault in the third degree carries the element of sexual penetration with moderate force but without a weapon.

Barnett said Burke had been scheduled to undergo a private polygraph examination on Tuesday.

“He was distraught because of the other (criminal sexual conduct) investigation going on, and that might have led him to drink too much and lose control of himself,” Barnett said.

Police found a half-gallon bottle of vodka just a few feet from where Burke fell with bullet wounds to his chest and abdomen. Police believe Burke had drunk about a third of the bottle at Veterans Park before he fired his gun, drawing the attention of police Officer Brian Zasadny, who was on patrol in his squad car and had stopped for a traffic light at Jackson and North Miller roads.

Zasadny, according to police and witnesses, twice ordered Burke to drop his weapon. Burke instead fired on Zasadny and the police officer returned fire.

Police said Burke had called in sick to his employer Monday morning saying he was not able to report to his job at the State and Kingsley crosswalk near Gabriel Richard High School. Burke had become a school-crossing guard this year. Until last year, he was employed as a grounds keeper for the University of Michigan and left for unspecified medical reasons.

Burke’s wife and daughter refused to comment on the circumstances when contacted by The News Tuesday afternoon.

Meanwhile, Burke is under 24-hour guard by the city police department.