Ohio Attorney Generals Office

Bureau of Criminal Investigation

PROSECUTORS SUMMARY

Page 1 of 29 BCI-INVEST-06
Version 2/2013


TO: Section Chief Matthew Donahue, Ohio Attorney Generals Office

CC: Dennis Sweet; BCI Special Agent in Charge North Operations

FROM: Special Agent Supervisor Jeffery Cook

DATE: 7/15/2014

SUBJECT: Craig Burdine Questioned Death Investigation


BCI CASE #: SI-72-13-25-1214


INVESTIGATIVE REQUEST:
In August of 2013, the Ohio Attorney Generals Special Prosecutions Section was requested to
look into the August 11, 2007 death of Craig Burdine by Sandusky County Prosecutor Thomas
Steirwalt. The Ohio Attorney Generals Bureau of Criminal Investigation (BCI) was contacted
to provide assistance to the Special Prosecutions Section. On October 29, 2013, S/A Collins
received an email from S/A Cooper, with the Special Prosecutions Section which contained a
case opening investigative report (IR) attached along with an IR indicating that S/A Cooper had
spoken with Jess Burdine, the father of the decedent. Beth Daily, Criminal Intelligence Unit
(CIU) analyst provided S/A Collins with a digital copy of the documents procured from Jess
Burdine totaling approximately 4,000 pages. Previously, Fremont Police conducted an
investigation into their officers, Ptl. Daniels, Ptl. Dickey, Ptl. Kiddey, Ptl Conger and Officer in
Charge Ptl. Emrich, involvement. A copy of their investigation has been obtained. Sandusky
County Sheriffs Office also reportedly conducted an inquiry. The Sheriff who conducted the
inquiry is deceased and there is no official documentation stating conclusion or results from his
investigation that could be located. The scope and purpose of the criminal investigation was to
attempt to determine the facts and circumstances surrounding the death of Burdine Burdine so
that Special Prosecutors and/or Grand Jurors can have a basis of knowledge in order to determine
if any prosecutable crimes were committed during the course of this incident. Agents will not be
determining if any policies or procedures were violated.


DETAILS:
This report serves as a synopsis of the investigation into the August 11, 2007 questioned death of
Craig Burdine, in Sandusky County, Ohio. This report only summarizes the information that the
investigative team determined to be the most useful in achieving an overall understanding of
what occurred in this incident. Every fact and detail is not presented in this summary report.
Therefore, it is recommended that each individual report from which this document is derived be
read in order to obtain a complete understanding of this investigation. Further, audio and/or
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video recordings exist for the majority of the interviews conducted, revealing further details of
statements given regarding the incident.
This investigation was conducted with the purpose of determining, to the extent possible, the
facts and circumstances surrounding the death of Craig Burdine. As unbiased collectors of fact,
the investigative team has not and will not render any opinion of the legality of officers actions.
Instead, it is anticipated that this investigation will provide the basis of information for decisions
to be rendered by the appropriate authorities.

This investigation takes no stance on the conclusions regarding the manner of death resulting
from the investigation, as this falls outside of the scope of the authors duties and training. Any
such determinations or changes are the responsibility of the county coroner.

This report is organized into the following sections:

Table of Contents
Incident Overview- A condensed overview of the facts obtained in this case
Investigative Team- Describes the composition of the investigative team and the
involvement of other individuals in the investigative process.
Summary of Process- Investigative activities from which this report was derived.
Decedent- Summary of known information pertaining to Craig Burdine
Subjects Present- Summary of known information pertaining to those known to be
present at the Sycamore St. address, at the Sandusky County Jail, and the EMS personnel
who treated the decedent.
Autopsy Reports- Summarized significant findings of the post-mortem examinations
and subsequent expert opinions.
Analysis- An analysis of the various statements and facts relating to this case.
Conclusion



















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Table of Contents:

Investigative Request1

Table of Contents..3

Incident Overview.4

Investigative Team6

Summary of Process.6

Decedent.10

Subjects Present on Sycamore Street13

Subjects Present at the Jail.15

Autopsy Reports and Expert Opinions..20

Audio Video Summary..23

Analysis...23

Conclusion..28

Correspondence with Jess Burdine.Appendix A



















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Incident Overview:

The following case overview is derived from material received during the course of this
investigation and only reports information which is known to be factual or which is relatively
unopposed by the majority of the interested parties. Discrepancies and questions of fact are
analyzed in later portions of this summary report.

At the time of this incident, August 11, 2007, Craig Burdine was a 37 year old male who was
residing with his parents, Jess and Mardella Burdine. This was due to a court ordered condition
of a bond in two pending criminal cases. The criminal cases were for burglary and assault on a
police officer from an incident that occurred in 2005 and attempted assault on a police officer
and persistent disorderly conduct in 2006. Burdine did not have a full time job, but worked for
his father and mothers rental property business doing general maintenance and upkeep. Burdine
had a history of dyslexia and posttraumatic stress disorder. The PTSD was reportedly attributed
to an excessive use of force by a police officer from Port Clinton against Burdine. Burdine was
awarded a judgment against Port Clinton and Ottawa County in a civil case stemming from the
incident.

In the 2005 incident, Burdine exited his house naked and got into an altercation with neighbors,
Mystie Gray and Justine Ottney. Burdine began running around and ended up breaking a
window at another neighbors, the Boyers, residence. Burdine gained entry to the residence.
The Boyers, told Burdine to leave. The Boyers described Burdine as acting like a caged animal
that didnt know which way to go and he started breaking out the windows. Burdine resisted
officers, Ptl. Stults, Ptl. Oddo, Ptl. Emrich, Ptl. Harkness, and Ptl. Halbisen, and was sprayed
with pepper spray. Burdine was treated at Fremont Memorial Hospital and a toxicology screen
run at the hospital showed the presence of cocaine in his system.

In the incident in 2006, Burdine was at a friends residence, the Trimbles, watching an Ohio
State football game. According to the complainants, Burdine started to act out of control and ran
into a window. Burdine was subdued by people at the party until officers, Dep. Meyer, Dep.
Dumminger, Ptl. Burkin and Ptl. Griffin, arrived. When the officers arrived they attempted to
calm Burdine down then ended up using a Taser in drive stun mode to gain compliance.
According Dep. Meyers report, the Taser had little effect. A squad was called and Burdine was
taken to the hospital. While there a toxicology screen was run on his blood which showed the
presence of cocaine.

On August 10, 2007, Burdine had dinner with his mother and father at the family home. Dinner
was beef stroganoff. After dinner Burdine told his parents he had a movie that they might like to
watch. After watching the movie, Burdine left the residence between approximately 10:00 p.m.
and 11:00 p.m. In an interview at the hospital when notified of Burdines death, Jess was asked
specifically if Burdine had watched the movie with them and he responded that it was just he and
his wife who watched it. Later in his deposition, Jess stated they all watched the movie together.
A short time later, minutes according to his father, Burdine called the family home and said that
the garbage had not been picked up at the rental property. According to his father, Jess, when
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Capt. Wiersma, now Chief of Fremont Police Department, spoke to him at the hospital, Burdine
was extremely upset about the garbage. In 2014 when interviewed by S/A Cooper, Jess stated
that Burdine was not that upset about the garbage. Burdine advised his parents he would be home
later.

Witnesses at 1229 Sycamore Street were having a get together in the backyard and sitting around
a fire pit. At approximately 3:00 a.m., Burdine showed up and started talking to the people at the
fire pit. Burdine appeared to believe that one of the males at the fire pit, Craig Hiser, was a male
he knew as Joe. Craig Hiser is extremely hard of hearing. According to the other males at the
fire pit, Robert Collins and Jeremy Keller, Burdine kept calling Hiser, Joe, but Hiser did not hear
him. Burdine then tackled Hiser into the fire pit causing both of them to be burned. Robert
Collins and Jeremy Keller pulled Burdine off of Hiser and got them out of the active fire.
Collins tended to Hiser and Keller pursued Burdine to prevent him from escaping from the scene.
Both Keller and Collins describe Burdines actions after he tackled Hiser as looking like a caged
animal who did not know which way to go. Keller caught up to Burdine as he was trying to
climb a fence and pulled him off the fence. Burdine then started running around again. Burdine
ran back across the street and rammed his head into a glass block basement window. Burdine
then ran into the street and grabbed a toy basketball hoop and began hitting a car with it, causing
damage to the vehicle.

At approximately 03:20 a.m., officers from Fremont Police, Ptl. Emrich (Officer in Charge), Ptl.
Dickey, Ptl. Kiddey, Ptl. Conger, and Ptl. Daniels, arrived at Sycamore St. and were directed to
Burdine who was now shirtless. Ptl. Daniels attempted to talk to Burdine and once he obtained
Burdines attention Burdine charged at him. A struggle ensued and Burdine was pepper sprayed,
eventually being handcuffed. Burdine then had to be forcibly put into the cruiser as he was still
not complying. Burdine was transported to the Sandusky County Sheriffs Office. Upon arrival
at the Sheriffs Office at 03:35 a.m., Burdine refused to get out of the cruiser. Burdine was
removed from the cruiser and Ptl. Dickey and Dep. Kaiser stood him up attempting to get him to
walk into the jail. Burdine refused and was carried into a shower room in the jail to be
decontaminated due to the pepper spray. Burdine was un-cuffed. Once un-cuffed, Burdine sat
up and took a martial arts defensive posture and began moving his arms back and forth in front
of him. Due to his actions, Burdine was taken back down to the floor on his stomach and
continued to struggle with officers. Burdine was tased three times in drive stun mode by Sgt.
Myers of the Sheriffs Office. The Taser reportedly had no effect on Burdine. At some time
during the struggle Burdine vomited a brown liquid. EMS was called and while waiting on
EMS, Ptl. Daniels, Ptl. Kiddey, Ptl. Dickey, Dep. Kaiser and Dep. White kept Burdine on the
floor in the prone position (on his stomach). In the depositions there were conflicting stories as
to which officer was restraining which area of Burdines body. When EMS arrived at 03:52 a.m.,
Sgt. Myers suggested putting Burdine on a backboard in the prone position due to his
combativeness and vomiting. The backboard is seen being brought into the jail at 03:55 a.m.
Burdine was secured to a backboard with three straps and then placed on the EMS cot by Ptl.
Daniels at the feet on the left, Dep. White at the feet on the right, Ptl. Kiddey at the head on the
right and Ptl. Dickey at the head on the left. Burdine was secured again with three cot straps at
03:57 a.m. Burdine was then taken to the ambulance at 03:59 a.m. The ambulance door is seen
opening at 03:59 a.m. and closing at 04:00 a.m. The video ends at 04:01 a.m. Once in the
ambulance it was discovered that Burdine was not breathing and had no pulse. Burdine was
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unstrapped and placed supine (on his back) on the cot and CPR was started. ACLS (Advance
Cardiac Life Support) protocols were instituted. Dep. Arquette drove the ambulance to the
hospital. While traveling to the hospital, EMS was intercepted by another squad at 04:09 a.m.
and a third paramedic got on board to assist with ACLS. At the hospital, Burdines care was
turned over to the hospital staff at 04:15 a.m. Burdine was pronounced dead at 4:31 a.m.


Investigative Team:

The investigation commencing in August of 2013 was initially begun by the Ohio Attorney
Generals Office Special Prosecutions section. In December of 2013, the Ohio Attorney
Generals Office, Bureau of Criminal Investigation, Major Crimes Division, Northwest Special
Investigations Unit (SIU), under the direction of SAS Jeffery Cook, became involved. S/A Matt
Collins was assigned as the case agent. Nine SIU agents from the North District participated in
some portion of the investigation, along with a BCI Agent assigned to Special Prosecutions, a
BCI Crime Scene Agent, and the Criminal Intelligence Unit (two criminal intelligence analysts).
Additionally, a forensic audio/video analyst from the Ohio Attorney Generals Office, Ohio
Organized Crime Investigations Commission (OCIC) was utilized. An independent expert
witness (forensic pathologist) was retained to review case information and render an opinion.
The New York State Police, New York State Intelligence Unit provided a last known address for
former inmate, Randall Maynard. Chautauqua County Sheriffs Office in New York also
assisted, by making contact with Maynard and advising him to contact BCI. Milwaukee,
Wisconsin Police went to the last known address of former inmate Julissa Garcia, but could not
locate Garcia. El Paso, Texas Police provided a last known address and phone number for
former inmate Rafael Rumo.

Summary of Process:

In light of the time frame and very nature of the incident, BCI utilized all available resources in
efforts to determine the facts surrounding the case. The methods and tactics employed by BCI
are not indicative of the only way to perform the investigation, nor do they infer that Sandusky
County Sheriffs Office or Fremont Police Department should have used the same methodology
or tactics. During the time frame since the incident occurred, questions have arisen that were not
known to officials at the time of the incident. BCI, in an effort to answer the questions, has
retained a subject matter expert and also employed different methods and tactics during their
investigation than those used previously.

The following is a partial list of investigative activities, tactics, or methods used during this
investigation to thoroughly and accurately locate and document all pertinent facts and
circumstances regarding this incident.

Items Reviewed:

The following items from prior investigations and civil proceedings were obtained and reviewed
as a part of the BCI investigation:

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Video recordings from the Sandusky County Jail provided by Sandusky County
Sheriffs Office.
Post mortem examination reports and photos from the Lucas County Coroners
Office.
Depositions of parties involved in the civil suit provided by Jess Burdine and
Attorney Teresa Grigsby to include involved members of Sandusky County
Sheriffs Office, Fremont Police, Lucas County Coroners Office, Fremont
Memorial Hospital, Witnesses from Sycamore Street, three inmates, expert
witnesses, Sandusky County EMS, and Jess Burdine
Video and audio recordings from Fremont Police
Report of Det. OConnells investigation into incident
Reports of Fremont Police Officers
Reports of Sandusky County Sheriffs Office Deputies
Reports from EMS personnel
Media reports and comments
Literature on excited delirium, positional asphyxiation, and restraint asphyxiation

Actions Taken:

The following list includes new investigative activities that were completed as part of this
investigation.
Obtained list of all inmates (48) incarcerated on August 11, 2007, two were deceased,
Joseph Hammond and Larry Sanders
Video recordings of the interior of the jail to show the pathway taken by Ptl. Dickey, Ptl.
Daniels, and Dep. Kaiser and overall layout of the facility
Sketch of booking area, clothing issue area and shower room
Interviews were attempted and/or conducted on people who were not previously deposed
or there was no record of their prior interview
Consultation of external subject matter experts (Forensic Pathologist Dr. Kenneth
Harshbarger, Habitec Security, and Mobile Vision)
Contact with company that manufactured the dash cameras in the Fremont Police cruisers
Construction of an incident timeline
In depth review of autopsy report and photographs
Review of adult law enforcement contacts for Craig Burdine from, Port Clinton Police,
Oak Harbor Police, Fremont Police, and Sandusky County Sheriffs Office
Interviews were conducted or attempted on the following individuals:
1. Robert Collins
2. Jeremy Keller
3. Craig Hiser
4. Joseph Alejandro (refused)
5. Juan Levario
6. Daniel Fritch ***
7. Randall Fritch
8. Michael Davenport
9. Lynn Davenport
10. Valerie VanFleet
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11. Officer Dickey
12. Officer Kiddey *
13. Officer Daniels *
14. Officer Emrich *
15. Officer Conger *
16. Deputy White
17. Deputy Kaiser *
18. Capt. Blue *
19. Disp. Tina Anderson *
20. Disp. Judy Verb
21. Sgt. Myers *
22. John Griggs *
23. Jessica Berlekamp-Crowell *
24. Jeff Jackson
25. Steven Alafita
26. David Anaszewicz
27. Asencion Anciso*
28. Aaron Atkins
29. Kathleen Atkins
30. Nathan Beck **
31. Richard Black
32. Jamey Bollenbacher
33. Shawn Brown
34. William Byers
35. Brian Byington **
36. Derek Clouse
37. Ted Corlay **
38. Curtis Elkins **
39. Kain Escobedo **
40. Rebecca Farrow (Refused)
41. Darryl Gaither
42. Julissa Garcia **
43. Gerald Goodsite **
44. Jason Graham
45. Charles Griffin **
46. William Hardy
47. Jillian Issa
48. Bradley Jeko
49. Alton Johnson
50. Angela Johnson **
51. Danny Jones
52. Nathaniel Kehlmeier
53. Christopher Keys **
54. Jacob Kirkbride *
55. Maxin Lash **
56. Leslie Lee ***
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57. Scott Lemaitre
58. Joshua Martin
59. Robert Martin
60. Dustin Mattingly
61. Randall Maynard
62. Douglas Moment
63. Jaunito Moreno (Refused)
64. Carlos Popoca
65. Michael Pressler
66. Rafael Rumo **
67. Taurus Sims **
68. Andrews Slappey **
69. John Smith
70. Janette Thom
71. Jess Burdine
72. Eric Burdine
73. Mardella Burdine

One * signifies the person had been deposed during the civil case and elected not to speak
with investigators or we were advised by their attorney that they would not speak with us.
Two ** signifies those inmates that were unable to be located or that we found possibly
good address for, that had a letter explaining to the they were not the target of an
investigation only a potential witness.
Three*** signifies those parties that we could not locate good addresses for even after
talking with family, the person was incarcerated out of state, or the person was under
guardianship for suffering from schizophrenia and drug abuse.

Limitations to Investigation:

There were numerous limitations to the BCI criminal investigation, primarily due to factors
outside of the control of BCI. Some of these limitations include:

Substantial passage of time between the incident and BCI investigation over 6 years
had passed prior to our official request/authority to investigate was obtained
The incident had already been through civil court.
The death of the then Sheriff and lack of official record of his investigation
Lack of cooperation by some former inmates and other potential witnesses who did not
want to be involved in the investigation
Conflicting forensic pathology reports as it related to the manner and cause of death
Reserved answers and decreased accuracy of memory of witnesses, at least partially due
to the passage of so much time
Media exposure and the prior civil cases were cited by some witnesses as causing their
uneasiness or refusal to cooperate, or their desire to be represented by an attorney
Lack of physical evidence
Inability to locate some witnesses after the extended, elapsed period of time between the
incident and BCI being requested to conduct an investigation
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Inability to obtain additional segments of audio and video recordings (limited to what
was collected at the time)
Statute of Limitations: the statute of limitations in Ohio for general felonies is six years
and for general misdemeanors is two years. These would include; felonious assault,
assault, reckless homicide, dereliction of duty, tampering with evidence, tampering with
records, falsification, obstructing official business, obstruction of justice, perjury, etc.
While certain events can extend the statute of limitations, such as a crime directly related
to public employment and continued public employment, an individual who ceases public
employment (for example resignation, termination, retirement, etc.) would have the clock
begin on the statute of limitations from the date public employment ceases with two
additional years or the statute of limitations applying, depending on the timing.
Due Process: The due process issue is related to but separate from the statute of limitation
issues as a potential legal concern due to the relative long length of time and little new
material being found. This concern has been stated by the Ohio Supreme Court in case
law.
Decedent:


NAME: Craig A. Burdine Deceased
ADDRESS: 7660 West Stump Rd., Oak Harbor, OH 43449
PHONE: Click here to enter subjects phone number.
EMPLOYMENT: Burdine Rental Properties LLC
DOB: 6-9-1970 SSN: SEX: Male RACE: White
HEIGHT: 6 0 WEIGHT: 220 lbs. HAIR: Blonde EYES: Blue
S/V/W: Victim
CCH:
Prior DUIs, Resisting Arrest charges, Drug Possession charges, Assault on a
Police Officer charges, Burglary, Weapons Under Disability
OTHER:


At the time of this incident, Burdine was a 37 year old male residing in an apartment in his
parents, Jess and Mardella Burdine, garage. Burdine was characterized by his family as a good
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Page 11

son who helped his parents immensely. Burdine was the youngest of the Burdine children.
Burdine was not married and had no children. Though Burdine had no full time employment he
did work for the family rental property business and would be paid under the table.

The following is a list of known adult interactions with law enforcement prior to this incident:

February 16, 1990 Oak Harbor Police Department Burdine was cited for speed. He signed a
waiver.

June 17, 1990 Oak Harbor Police Department Burdine was seen to be in possession of an
open container of beer at 0346 hours. During the arrest, he became resistant and had to be
physically arrested. When being patted down after the arrest, some LSD was found on his
person. He was charged with multiple charges including resisting arrest.

December 17, 1992 Port Clinton Police Department Burdine was stopped for erratic driving
and was found to be in possession of marijuana. He was cited and released.

October 25, 1993 Oak Harbor Police Department Burdine was stopped after squealing his
tires and had to be physically arrested for driving under the influence, resisting arrest and
disorderly conduct.

January 7, 1995 Oak Harbor Police Department Burdine was cited for riding a three wheeled
vehicle on the street.

April 8, 1995 Fremont Police Department Burdine was in an accident and was cited for
failure to control.

February 21, 1996 Port Clinton Police Department Burdine was arrested for driving while
under the influence after he wrecked his vehicle at 0144 hours. According to the report, Burdine
was abusive toward officers and the nurse at the hospital where an attempt was made to extract
blood for an alcohol test. He was taken to the jail without having blood drawn because he was
disturbing the entire hospital. He was charged with multiple charges including a felony charge of
assault on a police Officer.

February 24, 1997 Fremont Police Department A complaint of loud music was received.
Burdine was told to turn the music down.

June 29, 1997 Fremont Police Department A complaint of loud music was received. Burdine
said that he would turn it down.

July 27, 1997 Fremont Police Department A complaint of loud music was received. Burdine
was told that he should keep it down.

August 10, 1997 Fremont Police Department A complaint of loud music was received.
Burdine was told to keep the music down.

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November 15, 1997 Fremont Police Department A complaint of loud music was received.
Burdine was told to keep the music down.

November 13, 1998 Fremont Police Department A complaint of loud music was received.
Burdine was told to turn the music down.

September 26, 2000 Ohio State Highway Patrol Burdine was arrested for driving while under
the influence.

November 10, 2001 Fremont Police Department Burdine made a complaint the he had lost his
checkbook.

March 23, 2003 Fremont Police Department Burdine called in to report a loose dog.

July 20, 2003 Fremont Police Department A complaint of loud music was received. Burdine
was told to turn down the music.

July 5, 2005 Sandusky County Sheriffs Department Burdine was arrested for driving while
under suspension, possession of drugs and drug paraphernalia.

October 3, 2005 Fremont Police Department Burdine was arrested and charged with burglary,
weapons under disability, possession of drugs and assaulting a police officer. He was covered in
blood, was in possession of a pistol and had been running around naked. There was cocaine
found in the house at the time of the arrest. He had to be tased and physically arrested after he
attempted to punch an officer. The Taser was not effective on Burdine. A lengthy written
narrative is attached to the Fremont Police report.

June 15, 2005 Sandusky County Sheriffs Department Sheriffs deputy responded to a
suspicious vehicle at a business. Burdine was a passenger in the vehicle. The driver was arrested
for driving while under suspension. No further action was taken.

October 25, 2005 Fremont Police Department A request from the court to make sure that
Burdine only picked up his property from his home. No further problems.

September 23, 2006 Sandusky County Sheriffs Department Burdine was transported to the
hospital after he rammed his head into a wall during a mental episode. He had to be physically
restrained for the transport. He was charged with disorderly conduct and assault on a police
officer.

In the July 2005, incident, Burdine was arrested for possession of crack cocaine and expired tags.
Those charges were a result of a traffic stop when Burdine was observed meeting with a male for
a short period of time in a known drug area in Fremont. According to reports, Burdine
voluntarily turned over crack cocaine to Capt. Overmyer and Capt. Consolo from Sandusky
County Sheriffs Office.

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In the October 2005 incident, Burdine was arrested for burglary, possession of cocaine,
possession of crack cocaine, and weapons under disability. Those charges stemmed from an
incident where Burdine exited his residence in Fremont, naked and got into a confrontation with
neighbors, Mystie Gray and Justin Ottney, who were walking there dog. Burdine then ended up
breaking a window at another neighbors house, the Boyers, and entering the residence where he
broke more windows. Burdine was found at his residence by Ptl. Stults, Ptl. Oddo, Ptl. Emrich,
Ptl. Harkness, and Ptl. Halbisen, still naked and bleeding while complaining he needed a drink of
water. Ptl. Stults went into the residence to obtain water and located a loaded handgun on the
table. Drugs were also found in the residence.

In the September of 2006 incident, Burdine was arrested for assault on a police officer and
persistent disorderly conduct. Those charges stemmed from an incident where Burdine was at a
friends residence, the Trimbles, watching football. The Trimbles said that Burdine started going
crazy. Burdine ran into windows and was restrained by his friends until officers arrived.
Burdine then fought with Dep. Meyer, Dep. Dumminger, Ptl. Burkin and Ptl. Griffin who were
trying to handcuff him. Burdine was tased with no effect. Burdine was transported to the
hospital and had to be sedated.

According to Jess, Burdine had a history of dyslexia which he struggled with all of his life.
Burdine required his books to be on audio tapes to graduate from high school and to pass his
drivers exam. In 1996, Burdine had an incident with Port Clinton Police where he sued the
police department for excessive force. Burdine prevailed at the civil trial and was awarded
$650,000.00. In order to avoid an appeal, Burdine accepted $200,000.00 as a settlement. Most
of that settlement went to legal fees and not to the treatment of posttraumatic stress disorder
which Burdine was diagnosed with as a result of that incident. Burdine also received some
monies from Ottawa County. The money gained from the civil suit was used to buy Burdine a
vehicle and an investment property.

Burdine had, what his father characterized as, spells where he would act erratically and not know
his own strength or where he was. Jess Burdine characterized these spells as brought on by drug
use. The family never personally observed these behaviors but knew of them through police
reports and criminal cases.

At the time of the autopsy from this incident, Burdine had a blood alcohol level of 0.10 and
showed the presence of methamphetamine, amphetamine, and pseudoephedrine in his blood.
The cause and manner of death were listed as accidental death due to acute drug and alcohol
intoxication resulting in drug induced excited delirium.

Subjects Present on Sycamore Street:

The following people were present on Sycamore Street at the time of the incident and statements
were taken from them.

Craig Hiser
Jeremy Keller
Robert Collins
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Juan Levario
Joseph Alejandro
Daniel Fritch
Randall Fritch
Michael Davenport

Based on the information obtained by Fremont Police and subsequent BCI interviews, Craig
Hiser and Jeremy Keller were sitting around a fire pit in the backyard of the residence of Robert
Collins drinking beer. The fire pit was constructed of concrete blocks with pieces of rebar
sticking up out of them. Collins returned home and joined the men at the fire pit. Craig Hiser
went across the street to his residence to use the bathroom. When Hiser returned, Burdine pulled
into the driveway and exited his vehicle and approached the group. Burdine kept talking to Hiser
and calling him Joe. Hiser is extremely hard of hearing and either ignored or did not hear
Burdine. Burdine then tackled Hiser into the actively burning fire pit. Then Collins and Keller
pulled Burdine off of Hiser and removed both men from the fire pit. Collins tended to Hiser,
while Keller attempted to keep track of Burdine. Burdine began running around like a caged
animal, unsure of where to go or what to do. Burdine ran across the street and tried to climb a
fence. Keller pulled Burdine off of the fence. Burdine then swung at Keller. Burdine then took
off running again back toward the area of the fire pit. Burdine then stopped and ran at a door of
the house at 1229 Sycamore Street, pushing his hands through the glass window on the door.
Burdine also got into a football like stance and ran head first into a glass block basement window
at 1233 Sycamore Street. Keller stated that Burdine hopped right up like nothing had happened.
Burdine ran into the roadway and grabbed a toy basketball hoop and started hitting a car with it.
Keller had been yelling for someone to call the police.

The following Fremont Police Officer responded to Sycamore Street.
Ptl. Dickey
Ptl. Kiddey
Ptl. Conger
Ptl. Emrich
Ptl. Daniels

When officers arrived on scene at approximately 3:20 a.m., Ptl. Daniels encountered Burdine.
Once Ptl. Daniels had his attention, Burdine lunged at the Ptl. Daniels. Burdine was taken to the
ground and advised to stop resisting. Burdine was pepper sprayed in an effort to gain
compliance. Ptl. Emrich, the senior officer working that night and acting officer in charge,
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Page 15

arrived on scene and took control of the crowd of people watching Ptl. Daniels, Ptl. Kiddey, Ptl.
Dickey and Ptl. Conger struggle with Burdine. Once the crowd was moved back, Ptl. Emrich
turned his attention to the officers struggling with Burdine. Ptl. Emrich realized the combative
male was Burdine. One of the officers said he was going to use his Taser. It is unknown from
watching the video and listening to the audio who stated they were going to use the Taser. Ptl.
Emrich advised against it because it had not worked on Burdine in the past. Burdine was
eventually handcuffed and taken to the cruiser of Ptl. Daniels. Ptl. Emrich advised Ptl. Daniels
to take Burdine directly to the county jail. Ptl. Daniels transported Burdine to the Sandusky
County Jail. Ptl. Dickey and Ptl. Kiddey also went to the jail to assist. Ptl. Conger and Ptl.
Emrich remained on Sycamore Street and collected statements and waited for EMS with Hiser.






Employees Present at Sandusky County Jail:

The following people were the employees of the Sandusky County Sheriffs Office that were
present when Burdine was brought to the Jail:

Capt. Blue (Corrections)
Sgt. Myers (Road Supervisor)
Dep. Kaiser (Corrections)
Dep. White (Road Patrol)
Judy Verb (Dispatcher)
Tina Anderson (Dispatcher)
Capt. Riffle (Dispatcher Supervisor)



Dep. White was on station writing a report when Sgt. Myers advised him to stick around to help
Fremont Police who were bringing in a combative prisoner. Ptl. Daniels pulled into the sally
port and secured his service weapon in his trunk. Ptl. Daniels, Ptl. Kiddey and Dep. Kaiser
attempted to get Burdine out of the vehicle by asking him to exit. Burdine refused to exit the
vehicle and was physically extricated. Ptl. Dickey and Dep. Kaiser stood Burdine up and
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someone asked him if he could walk. Burdine did not respond and passively resisted by
becoming limp. Dep. Kaiser, Ptl. Kiddey and Ptl. Daniels carried Burdine into the booking area
then into the clothing issue room to decontaminate him from the pepper spray. Burdine was un-
handcuffed and advised to get into the shower to wash off the pepper spray. Once the handcuffs
were removed, Burdine quickly moved to a seated position and began moving his arms and
hands in a motion consistent with Karate moves. Burdines arms were grabbed to regain control
of him. Burdine began thrashing around and kicking at the officers. It is known from the video
that Dep. White, Dep. Kaiser, Ptl. Kiddey, Ptl. Dickey and Ptl. Daniels were in the room with
Burdine. Burdine was again taken to the ground and officers struggled to get him handcuffed.
The officers in the room continued to struggle with Burdine and he was eventually tased three
times by Sgt. Myers in an effort to obtain compliance. The Taser reportedly seemed to have no
effect on Burdine. During the struggle to get Burdine handcuffed, Burdine vomited a brownish
liquid. Photos taken of Burdines vehicle at Sycamore Street show a glass bottle containing a
brownish liquid in the center console of the vehicle. A squad was called to transport Burdine to
the hospital for treatment. There are conflicting statements in the depositions as to why the
squad was called. Dep. Kaiser and Sgt. Myers stated the squad was called because Burdine was
not complying and had thrown up. Ptl. Daniels and Ptl. Dickey stated that an unidentified officer
said they thought Burdines arm had been broken. Further Dep. White believed that the squad
was called for him from an injury he reportedly received during the struggle with Burdine.

EMS Personnel:

The following is a list of EMS personnel involved in the treatment of Burdine:
John Griggs (Paramedic)
Jessica Berlekamp-Crowell (Paramedic)
Chad Magrum (Intercepting Paramedic)



While waiting on EMS, Ptl. Daniels, Ptl. Kiddey, Ptl. Dickey, Dep. Kaiser and Dep. White kept
Burdine on the floor in the prone position (on his stomach). In the depositions there were
conflicting stories as to which officer was restraining what area of Burdines body. When EMS
arrived at 03:52 a.m., Sgt. Myers suggested putting Burdine on a backboard in the prone position
due to his combativeness and vomiting. The backboard is seen being brought into the jail at
03:55 a.m. Burdine was secured to a backboard with three straps and then placed on the EMS
cot by Ptl. Daniels at the feet on the left, Dep. White at the feet on the right, Ptl. Kiddey at the
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head on the right and Ptl. Dickey at the head on the left. Ptl. Kiddey stated in his report and his
deposition that he assisted in strapping Burdine to the backboard and getting him onto the cot.
Burdine was secured again with three cot straps at 03:57 a.m. Burdine was then taken to the
ambulance at 03:59 a.m. The ambulance door is seen opening at 03:59 a.m. and closing at 04:00
a.m. The video ends at 04:01 a.m. Once in the ambulance it was discovered that Burdine was
not breathing and had no pulse. Burdine was unstrapped and placed supine (on his back) on the
cot and CPR was started. ACLS (Advance Cardiac Life Support) protocols were instituted.
Dep. Arquette drove the ambulance to the hospital. While traveling to the hospital, EMS was
intercepted by another squad at 04:09 a.m. and a third paramedic got on board to assist with
ACLS. At the hospital, Burdines care was turned over to the hospital staff at 04:15 a.m.

EMS Run Report and Supplemental Narratives:

The EMS run report is broken down into several sections. In the top section there are descriptors
of which squad is in use, whether lights and sirens were used, the date, and list of care givers
among other things. Based on this run report, John Griggs was the primary care giver and
Jessica Berlekamp-Crowell was the secondary care giver. The next section describes the
patients demographics, the odometer reading of the squad, the times when the injury occurred
03:47 a.m., when the call was received 03:47 a.m., when the squad was dispatched 03:47 a.m.,
when the squad was in route 03:49 a.m., when the squad was on scene 03:50 a.m., when the
squad left 04:03 a.m., when the squad arrived at the hospital 04:11 a.m., when the squad was
available for another call 04:24 a.m., and when the squad was back in quarters 04:54 a.m.

The next section was scene information which was noted as Sallyport of Sandusky County
Jail. The following section contains the chief complaint, (traumatic injury), unresponsive-
duration 1 minute, ALS Assessment: Completed for suspected illness. There is also a block
titled History of Present Illness. In that section there are descriptions of the visible injuries and
that Burdine had been tased three times. Also noted was that Burdine was in a surgical mask on
their arrival. It was stated that Burdine was placed in the prone position on a long backboard in
handcuffs. Burdine was reported to be answering questions in one word answers briefly. It also
states that once in the truck Burdine became totally unresponsive. During Griggs deposition
there were many questions asked about information provided in the run report and supplemental
narrative report. Griggs made it clear that Burdine was breathing and responsive on their
arrival. Griggs went so far as to say it appeared that Burdine was resisting the officers,
evidenced by tensed muscles. The rest of the history section pertains to the attempted lifesaving
measures implemented in the squad.

In the cardiovascular section of the run report it stated JVD: Not Appreciated; Edema: Not
Appreciated; Cap. Refill: Delayed. Griggs explained in his deposition that JVD stood for jugular
vein distention, which means the veins in the neck are more prominent than usual. Griggs stated
that could be from elevated blood pressure or certain traumatic head or neck injuries. Griggs
pointed out that the marking of not appreciated meant that they were not distended. Edema was
explained by Griggs as swelling of the extremities that can be brought on by heart failure. This
was also noted as not present. Cap refill was marked as delayed. Griggs stated in his deposition
that delayed capillary refill would be indicative of the heart not pumping properly.

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The next section of the run report dealt with cardiac arrest. In that section it was noted that
cardiac arrest was witnessed at 04:00 a.m. by the police and that lifesaving steps were
immediately initiated.

The next section of the run report is labeled Activity. There are 13 columns in that section. The
first is time, then heart rate, blood pressure, oxygen saturation, carbon dioxide level, respirations,
effort, rhythm, Glascow Coma Scale, pain, protocol, action, and comments. According to the
run report, at 03:55 a.m., Burdine was immobilized on a long back board. The assessment was
that he had good pulse, good motor sensation and he was pink in color. It also stated that
Burdine had normal pms (pulse, motor, sensory) times 4 extremities when initially immobilized.
It is also noted that Burdine was combative when being immobilized. At 04:00 a.m., medication
was given as well as intubation and CPR being initiated. The rest of the run report covers the
actions and medications given during ACLS while in route to the hospital.

Griggs and Berlekamp-Crowell both generated supplemental narrative reports. In Griggs
supplement it is stated that on their arrival, a Sergeant met them and informed them Burdine was
combative and bleeding. Griggs stated Burdine was found face down with six officers holding
him down. Griggs stated Burdine was mumbling on their arrival and struggling with the officers.
Griggs stated Burdine was handcuffed with his hands behind his back. Burdine was not actively
bleeding on their arrival. Griggs stated he was told Burdine had been combative for over an hour
and had been tased and maced. Griggs stated Burdine was placed prone on a long backboard and
secured times three and he was handcuffed. Griggs stated the Officer in charge suggested to
transport Burdine prone for their safety.

In Berlekamp-Crowells supplemental report she stated on their arrival they were met by Sgt.
Myers who informed them that Burdine had been highly combative for an hour. Sgt. Myers told
EMS that Burdine had been tased three times and maced once during that hour. Myers also
informed them that Burdine had had alcohol but it was unknown if he had taken any illegal
substances. Berlekamp-Crowell stated that Burdine was in a small room that was not a cell with
numerous officers around him. Berlekamp-Crowell could not identify the officers. Burdine was
prone with his hands cuffed behind his back. One officer was restraining Burdine by putting his
knee in Burdines back. Berlekamp-Crowell stated that Burdine had been trying to spit on the
Officer and a spit guard was on him. Burdines face was checked, mouth and nose were clear of
obstruction and bubbles were coming from his mouth. She stated the spit guard had moved and
was off to one side of Burdines face. Berlekamp-Crowell stated that Sgt. Myers advised them to
transport Burdine on a backboard face down for their safety. Burdine was transferred to the
backboard and cot without incident. Once in the squad, Berlekamp-Crowell attempted to check
Burdines pulse at the wrist but could not due to the handcuffs. The handcuffs were loosened
and Berlekamp-Crowell could still not get a pulse. Griggs then stated that Burdine was not
breathing. The cuffs were released and Burdine was turned over and ACLS was started.

Berlekamp-Crowell also authored another much longer supplemental report. The first report was
approximately a third of a page in length. The second report was approximately 2 and pages
in length. The second report is much more detailed than the first. Berlekamp-Crowell stated in
the second report that Burdine was not moving or resisting. Things that were added were
descriptions of visible injuries to the heel of the left foot, a Taser mark on the left leg, an
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Page 19

abrasion on the palm of one of the hands, and numerous red marks on Burdines back indicating
a struggle and strong handling. She also added that from the neck up, Burdines coloring was
dark red. Berlekamp-Crowell moved to look at Burdines face. She stayed at a safe distance
because it was alleged Burdine had been spitting. Burdine did not acknowledge her presence but
was salivating and was producing bubbles from his mouth. Berlekamp-Crowell stated Burdines
airway was not obstructed. Berlekamp-Crowell stated she was concerned about the color of
Burdines face as it looked like someone who was straining themself.

Berlekamp-Crowell stated that Sgt. Myers suggested they transport Burdine prone on a
backboard for their safety. Berlekamp-Crowell went out to the squad an obtained the backboard.
When she entered the room again, Burdines color had not improved and she had not seen him
move. Berlekamp-Crowell stated Burdine was moved to the left to allow the backboard to fit
between him and the wall. Berlekamp-Crowell moved to Burdines head to assist in transferring
him to the backboard. Berlekamp-Crowell stated that an unknown officer grabbed under an arm
and another unknown person guided the legs/lower body onto the backboard. Berlekamp-
Crowell stated that Burdine was secured with three straps to the backboard. Burdine was lifted
by Berlekamp-Crowell and several officers, later identified as Ptl. Daniels, Ptl. Dickey, Ptl.
Kiddey and Dep. White. Berlekamp-Crowell stated she was surprised at the weight; Burdine
seemed to be heavier than he looked. Burdine was taken from the shower room on the
backboard and placed on the EMS cot. Once on the cot, Burdine was secured with three more
straps. Ankle cuffs were then applied. Berlekamp-Crowell stated she was thinking about what
care she intended to give because Burdines coloring was darkening. Once in the squad she
attempted to check for a pulse in the wrist. The handcuff was restricting her ability to check and
an Officer loosened the cuff. Griggs did an airway assessment and discovered Burdine was not
breathing. The cuffs were released and Burdine was flipped over. Berlekamp-Crowell noted
that Burdines color had now changed to a dark reddish purple from the neck up.

The remaining narrative describes in detail the lifesaving steps and medicines that were used in
the squad and Burdines transfer to the care of the hospital staff.

Inmates in the Jail:

Three inmates were deposed as a part of the civil litigation: Randall Maynard, Anciso Asencion,
and Jacob Kirkbride. As part of the BCI investigation, interviews were attempted on each of the
three inmates. Asencion and Kirkbride refused to be interviewed. Agents traveled to Kennedy,
New York to meet with Maynard. In his interview Maynard stated that he was housed in the
male work release dorm at the jail on August 11, 2007. Maynard got up to go to the bathroom
and heard a commotion downstairs. Maynard stated he looked down the stairs and saw a male
laying in the hallway at the bottom of stairs. Maynard stated he never saw the officers do
anything to the neck of Burdine, but he did see them pile on him. Maynard stated he saw an
officer use a Taser on Burdine. Maynard said he could not actually see Burdine on the floor and
only saw him when the officers picked Burdine up. Maynards claims of the officers actions
based on his field of view were disproven by a review of the video from the jail and performing a
walk-through of the facility. The area of Maynards field of view prohibited him from seeing
anything other than what would have occurred in the booking area and in the hallway directly at
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Page 20

the bottom of the steps. Based on the video evidence, no altercation took place within the
hallway or booking area.

Maynard stated that he observed Burdine handcuffed and shackled when the officers picked him
up by his arms and legs and put him on the EMS gurney. Maynard stated that Burdine was not
covered with anything and was not secured to the gurney. Maynards assertions are disproven by
video reviewed from the jail that shows Burdine was not shackled until he was placed on the cot,
he was on a backboard prior to being placed onto the cot, he was strapped to the backboard, he
was covered with a sheet or blanket and was then strapped to the gurney.

Maynard stated that the time between the paramedics arrival and departure was approximately
10 minutes. Maynard also stated that the paramedics arrived approximately 10 minutes after he
noticed the commotion. Maynard stated when the paramedics arrived on scene they did not seem
to be in a hurry. Based on the reviewed video from the jail there does not seem to be a sense of
urgency in relation to the paramedics actions.

Maynard further stated that Asencion was in the work release male dorm with him and could not
possibly have seen any of the things he claimed to have seen.

Hospital Information:

Burdine was treated at Fremont Memorial Hospital with Dr. Carone as the physician. Lifesaving
steps were performed with negative results. Burdine was declared dead at 4:31 a.m. During
Burdines treatment, a toxicology screen was run. It showed Burdine had a blood alcohol
content of .151 and showed the presence of methamphetamines and cannabinoids (marijuana).

Autopsy Reports and Expert Opinions:

The following doctors were involved in this incident prior to BCI becoming involved:
Dr. Wukie (Sandusky County Coroner)
Dr. Beisser (Lucas County Deputy Coroner/Forensic Pathologist)
Dr. Baden (New York State Medical Examiner/Hire Expert Retained by Burdines)

Dr. Wukie was notified of the death and requested Lucas County Coroners Office to perform an
autopsy. Dr. Beisser performed the autopsy. Dr. Beisser sent a report based on her findings to
Dr. Wukie to rule on the cause and manner of death. Dr. Beissers opinion was the death was
accidental due to acute intoxication of alcohol and methamphetamines. Dr. Wukie concurred
with her opinion and issued a death certificate stating such.

In Dr. Beissers autopsy report there is a section titled Evidence of External Trauma. In this
section, Dr. Beisser discusses a myriad of abrasions, contusions on the head, the neck, the chest,
the back, the shoulder, the arms, the legs and the feet. The majority of the trauma described can
be attributed to the either the fight on Sycamore Street, the struggle while being arrested by
Fremont Police, and the struggle with the Sheriffs Office at the jail. It cannot be determined
which injuries were sustained where with the exception of the burn injuries.

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The next section of the report is titled Evidence of Internal Trauma. Dr. Beisser discusses there
was evidence of head trauma in the occipital and temporal regions. Blood was noted in the strap
muscles of the neck with more being present on the right side. The left horn of the thyroid
cartilage (the Adams Apple) was fractured with blood in the surrounding soft tissue.

Medical Intervention is the title of the next section. In this section, Dr. Beisser identifies the
presence of an endotracheal tube, a Foley catheter with attached collection bag containing 500
ml of yellow urine, hospital identification band on the right wrist, pacemaker patches on the
chest and left flank, and intravascular catheters (IV lines) in the right side of the neck and the
antecubital fossae.

The next section is titled, Internal Examination. In this section, Dr. Beisser notes the skeletal
system is intact with the exception of the thyroid cartilage previously noted. X-ray examination
of the shoulders and upper arms revealed no dislocations or fractures. The heart weighed 490
grams. In her deposition, Dr. Beisser stated anything over 400 grams for a man of Burdines age
and size would be considered enlarged. There was thickening of the left ventricular myocardium
noted. The lungs were weighed. The right lung weighed 1020 grams and the left weighed 900
grams. The lungs were described as purple and congested. Severe edema with foam production
is noted in both lungs. The liver, gall bladder, pancreas, and esophagus were unremarkable with
the exception of some decomposition noted in the pancreas. The stomach was reported to
contain 300 ml of bloody thick fluid. The small bowel, large bowel, appendix, kidneys, renal
arteries, prostate gland, and testes were unremarkable. The toxicology report showed that
Burdine had a blood alcohol level of .10 and there was the presence of amphetamine,
methamphetamine, methylephedrine, pseudoephedrine, and THC.

Dr. Baden was hired by the Burdines as part of their civil case against Sandusky County and
Fremont Police for wrongful death. On April 9, 2008, Dr. Baden issued a report that ruled the
manner of death to be homicide and that the cause of death was asphyxiation by neck
compression. In Dr. Badens report he talked about that the autopsy showed there was a
prominent bruise on the left side of the neck and fresh hemorrhage in the soft tissues and muscles
of the neck adjacent to the fresh fracture of the thyroid cartilage. Dr. Baden stated these findings
were consistent with severe neck compression that causes asphyxia death and purple color to the
face. Dr. Baden went onto state that the toxicology results showed a blood alcohol level of
0.08% and amphetamine and methamphetamine blood concentrations in the recreational ranges
that are not indicative of acute intoxication leading to death, but could explain the confused
behavior Burdine exhibited when Officer arrived. The toxicology report actually reports the
blood alcohol content as 0.10 %.

Dr. Baden was provided more documentation by the plaintiffs in the civil case between
September 20, 2009 and January 25, 2011, to include: 2 CDs and 1 DVD relating to Burdines
arrest and hospital and autopsy findings; depositions of Carl Rider, Ptl Dean Bliss, Ptl. Geoffrey
Stults, Gregory Forgac, PhD., Dr. Heather Carone, Jeff Burbach, EMS Director Jeffrey Jackson,
Danielle Oliver, Jeff Burdine, Deputy Coroner Cynthia Beisser, EMT Jessica Berlekamp-
Crowell, John Morris Oliver, Coroner John Wukie, Justin Ottney, Sheriff Kyle Overmyer, Dep.
Martin Dumminger, Chief Monte Huss, Richard Boyer, Ptl. Richard Cook, Det. Roger Oddo,
Scott Cox, Det. Sean OConnell, Susan Boyer, Major Thomas Fligor, Jr., Psychiatrist Thomas
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Sherman, Capt. Wiersma, Ptl. Woolf, Tina Trimble, Thomas Trimble, Chief Deputy Bruce Hirt,
William Kaiser, a synopsis of the deposition of EMT John Griggs, and the recent deposition of
Chief Toxicologist Robert Forney, Jr., and Coroner James R. Patrick M.D. Baden stated he also
read and reviewed the deposition testimonies of Pt. Anthony Emrich, Dep. Franklin Kaiser,
Joseph Alejandro, Juan Levario, Jeremy Keller, Robert Collins, Jacob Kirkbride, Burdine Hiser,
Dep. John White, Ptl. Jason Kiddey, Paramedic John Griggs (first deposition), Ptl. Ty Conger,
Ptl. Michael Dickey, Sgt. Terry Myers, Dep. Tina Tack-Anderson, Ptl Lester Daniels, Capt.
Blue, and Randall Maynard.

After reviewing those materials, Dr. Baden stated he wanted to add additional opinions:
1. After Burdine had been maced and tasered multiple time and was restrained face
down by five police officers with pressure on his back, when EMS arrived was
unresponsive with facial cyanosis and was pronounced dead when he reached the
hospital. Compression of the back can cause asphyxia by preventing rib and
diaphragm movement necessary for lung expansion and breathing.

Dr. Baden then discussed things that were present in his 2008 report including the fractured
cartilage in the neck and the toxicology levels.

Dr. Baden discussed that rough intubation cannot fracture the thyroid cartilage without
perforation from the inside of the larynx. Likewise neck compression does not cause damage to
the laryngotracheal mucosa. Excited delirium is a controversial diagnosis and is used primarily
for persons dying while being restrained by police. It is not recognized by the American
Psychiatric Association whose body defines and sets standards for all psychiatric, mental, and
delirious disorders (excited delirium is an established diagnosis by the American College of
Emergency Physicians).

Dr. Baden discussed that human rights groups in the US and abroad charge that excited delirium
is used to cover up for death caused by excessive force employed by police officers.

Dr. Baden did state in his declaration that methamphetamine use alone can cause agitation,
combativeness, disorientation, bizarre and mad behavior, and an inability to understand
commands as arriving officers witnessed. Due to Burdines behavior and injuries Dr. Badens
opinion is that Burdine should have been taken to the hospital not to a jail

Dr. Badens supplemental opinion, based on the new information he reviewed, was that
Burdines death was a result of traumatic asphyxia due to compression of his neck and back
while being restrained by police and that it was a homicide.

Dr. Baden submitted these findings in a declaration in the civil case on January 19, 2012. There
was also a letter issued to the plaintiffs attorney containing the same information dated February
9, 2011.

The Ohio Attorney Generals Office Special Prosecutions Section decided to retain Dr. Kent
Harshbarger M.D. J.D. to review the findings of this case. Dr. Harshbarger is the Coroner in
Montgomery County, Ohio. Dr. Harshbarger is also the Chief Forensic Officer for the Ohio
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Page 23

State Coroners Association. Dr. Harshbarger was sent depositions, video/audio/photographic
files, and reports on March 5, 2014. On March 20, 2014, a letter was sent Dr. Harshbarger
drawing his attention to a specific photograph taken during the autopsy that was not discussed in
any deposition, report or statement reviewed as a part of this investigation.

Audio Video Summary:

Video was obtained from the Sandusky County Sheriffs Office of Burdine being brought into
the jail. There are two channels that the video is recorded on. The booking area is on one
channel and the hallway where the clothing issue shower room is located is on another channel.
The time stamps on the two channels have the booking area camera approximately 40 seconds
behind the time in the hallway. This approximation was reached by reviewing footage where
Capt. Blue is seen walking into the booking room from the hallway and back.

Video/Audio was also obtained of the dash cams from Ptl. Daniels, and Ptl. Emrichs cruisers.
Ptl. Daniels video records from 03:29 a.m. to 03:52 a.m. The video stops because the VHS tape
that was used for the recording had reached its end.

Ptl. Daniels was the officer that transported Burdine to the jail. In the audio from Daniels in car
camera Burdines breathing can be heard in the background. It appears to increase in frequency
when they were pulling into the jail. The audio portion of Daniels recording cuts in and out and
at one point is not present for 10 minutes. In speaking with the company that manufactured and
sold Fremont Police Departments in car video systems, Mobile Vision, they stated that there
could have been interference from the concrete and steel which prevented the audio signal from
getting to the receiver in the cruiser, along with numerous other possible factors.

Ptl. Emrichs camera recorded his approach and arrival to Sycamore Street. The video also
shows officers taking Burdine into custody. The video from Ptl. Emrichs cruiser is restricted to
events on Sycamore Street.

Audio was received from Fremont Police Department of the radio traffic from August 11, 2007
between 0321hours and 0805 hours. There were phone calls that were provided by Attorney
Grigsby that were created during the civil suit. It is unknown if all calls that were made or
received at Fremont Police Department on the morning of August 11, 2007 were included in the
file. Efforts by BCI to obtain all calls met with negative results due to the long lapse in time
prior to BCI involvement, with the recordings no longer being available.

There was no audio from Sandusky County Sheriffs Office of radio or phone traffic provided by
the parties in the civil suit. Due to the time lapse before BCIs involvement it is not possible to
obtain those files currently.

Analysis:
The death of Burdine Burdine was civilly litigated after the family filed a wrongful death
lawsuit. Extensive questioning of participants and witnesses, in the form of depositions, resulted
from this litigation. The lawsuit amassed approximately 4,000 pages of relevant documentation
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Page 24

regarding the incident. Despite the work completed by the plaintiffs in this case, the case was
dismissed on summary judgment by Judge James G. Carr of the United States District Court,
Northern District of Ohio, Western Division. This essentially meant that the Judge felt that there
were no genuine issues of material fact to warrant a trial in the case. In the summary judgment
order, Judge Carr wrote:
Plaintiff has shown no causal link between Kaisers actions or those of any other officer- and the injuries
they claim led to Burdines death. Plaintiffs expert witness first declared that Burdine was strangled; he
later changed his opinion to state that Burdine was either strangled or somehow asphyxiated through
pressure to the back. The latter theory, plaintiffs expert admits, would not result in the allegedly fatal
injuries to the throat and thyroid cartilage, nor would it explain the autopsy finding that Burdine died from
cardiac arrest brought on by drug-induced delirium or why that finding was in error. It also fails to account
for Burdines continued shouting, chanting and vomiting during and after Kaisers application of pressure
to his back. The experts present position, accordingly, fails to create an issue needing jury resolution.
Plaintiff has failed to show any use of excessive force that would have resulted in the injuries Burdine
sustained that they allege led to his death. The summary judgment ruling was appealed to the United
States Court of Appeals, Sixth Circuit. The appellate court upheld the summary judgment. In the appellate
courts ruling it is written, Although plaintiffs contend on appeal that the district court failed to view the
facts in the light most favorable to them as the nonmovants, as the court is required to do when deciding a
motion for summary judgment, the district court did not err. Plaintiffs claim that the district court
improperly disregarded Dr. Badens expert testimony, which plaintiffs rely on to establish that [Burdine]
Burdine was deliberately strangled [by the officers] during the shower room struggle. Plaintiffs case
relies entirely on Dr. Badens expert report
3
, and the strangulation-by-neck-compression theory derived
from it, but the only evidence supporting this theory is Dr. Badens own opinion. Dr. Badens opinion is
not by itself sufficient to raise a genuine issue of material fact when it relies on his interpretation of other
evidence to reach a conclusion- which the strangulation theory depends on- that is beyond his area of
expertise, namely, that Burdine Burdine was unconscious when EMTs arrived at the jail. No other
evidence supports Badens belief that Burdine was unconscious at that point. In fact, all evidence in the
record points to the contrary. Every witness, including the EMTs and law enforcement officers, testified
that Burdine was breathing, conscious and incoherently responsive when EMTs arrived. Dr. Badens
conclusory opinion cannot by itself create a genuine dispute of material fact; at best, it could support a
factual dispute raised by other evidence, which plaintiffs have not provided.
Plaintiffs cannot defeat defendants motion for summary judgment based solely on Dr. Badens conclusory
opinion in this case. Plaintiffs case relies entirely on Dr. Badens expert report, which in turn relies on one
piece of physical evidence: the fracture of the decedents thyroid cartilage and related tissue damage in the
neck. Dr. Baden concedes that these injuries do not in and of themselves cause death, but insists that they
provide a shoe print indicating neck compression. R. 159 at 157-58. He also testified that the neck is a
protected area that would not be injured in this way from back pressure; these injuries would require direct
pressure on the neck. Id. at 66-67. But Dr. Badens explanation for Burdines death fails to comport with
the evidence in the record.
BCI became aware of media interviews with Jess Burdine
1
, in which Jess Burdine stated his
attorneys were never able to present evidence to the civil court due to Jess Burdine not being
able to pay attorneys fees before trial. Based upon a review of the court record, this account is

1
Jess Burdine was our guest on BTL. SanduskyRegister.com May 2, 2014.
http://www.sanduskyregister.com/blog/between-lines/5590091
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not correct, and the court decisions clearly reflect evidence presented by Jess Burdines attorneys
on his behalf. Judge Carrs decision was further appealed by Jess Burdines attorneys to the U.S.
Sixth Circuit Court of Appeals, which affirmed Judge Carrs summary judgment.
The standard of proof required for criminal charges is higher than for a civil case; therefore,
although a dismissed civil suit does not preclude a criminal prosecution, it does tend to indicate a
lack of admissible probative evidence of wrongdoing. In the current investigation, many of the
key witnesses refused to be interviewed and could not be compelled to do so. Instead, many
witnesses referred investigators to their depositions from the civil case as their statement as to
what occurred. This, along with a lack of probative physical evidence, resulted in very little new
probative information regarding the death being obtained. Information from the civil case
formed much of the foundation for the criminal investigation. This limited new evidence that
was probative was generally related to Dr. Hansberger and the integrity of both the jail video and
audio.
For a criminal prosecution to take place in regard to the death of Craig Burdine, for murder or a
similar offense, several hurdles must first be overcome. First, it must be proven beyond a
reasonable doubt that the death was caused by the action or inaction of another, not of accidental
means (as that term is used by corners or other manner of death). Next, it must be determined
which person or persons were responsible for that action or inaction. Finally, it must be
determined that there was some level of criminal culpability for the action or inaction (the
actions were not reasonable or justifiable under the circumstances). A discussion of each of
these obstacles follows.
The official manner of death in this case was legally determined by Sandusky County Coroner
Wukie to be Accidental. Again, while this ruling does not preclude a criminal prosecution, it
would almost certainly be a factor taken into consideration by a trier of fact. From the
information available, it would appear as though Coroner Wukie simply followed Dr. Cynthia
Beisser autopsy results that Burdines death resulted from acute intoxication of alcohol and
methamphetamines. In the case summary in the section, how injury occurred, Dr. Beisser wrote,
died during drug-induced excited delirium. This investigation did not reveal any information
that anyone other than Burdine himself administered any of these substances to him. If one
subscribes to the official manner of death, it would stand to reason that a crime directly related to
causing his death likely did not occur.
In Dr. Harshbargers opinion he believes that Burdine died from an abnormal heartbeat due to an
enlarged heart and drug use, coupled with extreme exertion.
On the other hand, Dr. Michael Baden opined, after his review of the case, that the manner of
death would more appropriately be described as Homicide. Dr. Baden cited evidence of
trauma to Burdines neck which could be consistent with neck compression, possibly resulting in
a death by asphyxia. This disagreement among forensic pathologists tends to complicate an
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investigation by introducing additional doubt as to what actually caused Burdines death. Out of
an abundance of caution, the following three paragraphs will analyze the remaining facts of the
case under the assumption that Dr. Baden is correct that the manner of death is homicide.
It is important to note that the term homicide, as used in a medical, manner of death
determination, is not synonymous in legal terms with any crime, such as murder. Homicide
refers to the death of one person caused by another. Some forms of homicide are justifiable or
excusable, such as in cases of self-defense, soldiers during war or capital punishment. Officer-
involved shootings are an example of a situation where the death of someone is caused by
another (homicide), but it is possible that no violation of law (e.g. murder) occurred, if the
circumstances of the incident were deemed to have been reasonable or justifiable. Therefore, Dr.
Badens ruling does not necessarily imply that a crime was committed. In order to make that
determination, the investigation would need to identify the person(s) responsible for causing the
death, and then provide information regarding the circumstances so that triers of fact could make
a determination as to the reasonableness of their actions / inactions.
In the present investigation, no credible evidence or statements were found to pinpoint which
person or persons were responsible for the injuries to Burdines neck. No one stated that they
applied pressure to Burdines neck, such as with a head lock, nor does anyone report seeing
another person do so. Burdines own actions, such as running into a window, likely resulted in
some of his injuries. Further, he tackled another individual into an actively-burning fire (with
other hazardous objects present, such as metal rebar), causing additional injuries to himself.
Witnesses to this incident pulled Burdine from the fire and off of their friend, potentially causing
even more injuries to Burdine. Struggles with officers from the Fremont Police Department and
later, the Sandusky County Sheriffs Office also took place. It is conceivable that an injury to
Burdines neck could have been caused at any point during these multiple encounters that night.
As the investigation was unable to identify a person or persons that would have applied pressure
to Burdines neck to cause a death by asphyxia, as Dr. Baden believes, further analysis regarding
the reasonableness or justification of those actions is unable to be examined.
An expert, Steve Ijames, was hired by Sandusky County to determine as to whether the
employment of a Taser had any causal relationship to the death of Burdine. No causal link could
be determined and that assertion was never questioned and was conceded by the plaintiffs as not
involved in the cause of death. In fact the one area the three forensic pathologists agree on, is that
none believe that the Taser caused Burdines death.
There was a concern raised by the plaintiffs in their civil suit that there were EKG strips that
were timed stamped at 03:35 a.m. on August 11, 2007 which they contend showed that Burdine
Burdine was dead prior to EMS being called. Through investigation it was shown that the EKG
strips the plaintiffs were talking about were in fact generated at the hospital. The EKG strips
that were generated by EMS were approximately 4 in width whereas the strips from the hospital
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are only approximately 1 in width. It was evident through examination of hospital records
for the treatment of Burdine on August 11, 2007, the time stamp on the EKG machine at the
hospital was incorrectly set.
During the course of the investigation, during a detailed review of the autopsy report and autopsy
photos, agents discovered a photo depicting the back of Burdine at autopsy with a scale on the
body located between the shoulder blades marked with the autopsy number, with the numbers on
the scale oriented toward the decedents buttocks. Directly under the scale there appeared to be
two parallel lines running across the width of the entire back. Utilizing the scale in the picture,
which was confirmed to be delineated in one inch increments, the width between the marks was
approximately two inches. In the autopsy report, Dr. Beisser described the presence of a diffuse
purple contusion that extended across the upper back that resembled Tardieu spots. However,
Dr. Beisser noted there was subcutaneous blood present in that area. Through research it was
determined that Tardieu spots are broken blood vessels on the surface of the skin that can be
present from an asphyxia death resulting from compression of an area of the body. Blood would
be able to get into the area but not be able to get back out. The influx of blood without the
required relief would cause the vessels to burst due to pressure build-up. There were numerous
marks on the back of Burdine in the photo. Most were easily attributed to the body bag the body
had been in prior to examination. In looking at the photo there were no corresponding parallel
creases in the body bag. Agents discussed what possibly could have left those marks on the body
post mortem. The straps on a backboard are approximately 2 in width as well as the straps on
an EMS rolling cot. In further reviewing the photos, agents discovered a photo with Burdine
lying on his back with his arm being held above his head. In the photo, IMGP0353, it appears as
though there is a distinct line of demarcation in coloring on the torso of the decedent. Below the
possible line of demarcation the body is very pale in color. Above the line the body appears to
be a slightly darker color. This line of demarcation appears to coincide with the two parallel
lines on the back.
In fact one of the other areas the three forensic pathologists agree on, is that all believe that the
marks described above developed after death as the result of natural process and did not have
significance as theorized by investigators.
In multiple interactions with the Burdine family, but primarily with Jess Burdine many assertions
regarding purported evidence and facts were made. Appendix A, contains many of those
assertions.
Additional assertions included that the photograph of Craig Burdine distributed to the news
media after his death by law enforcement was taken after his death. In order for this to be true,
Craig Burdine would have had to have had a white tee shirt placed on him and then taken off of
him after he died prior to being taken to the hospital. Apparently, this assertion came about in
part because Eric Burdine, felt that a screen shot he took, off his paused DVR machine, of a
Toledo news stations story that was run with in the last year, contained a time stamp that was
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cropped out by all news media outlets in all prior uses. This time stamp purportedly showed the
picture was taken at the jail during the time Burdine was in custody. In reality the time stamp
was from Eric Burdines own DVR recording device, and clearly showed the pause symbol. The
picture in question is actually a 2006 booking photograph. Eric now concedes the timestamp was
caused by his own DVR machine being on pause and him taking a screen shot of it, but does not
concede the photo is a 2006 booking photograph. In addition to those assertions, in Appdenix A
the reader is also encouraged to listen to audio of interviews and phone calls for additional
assertions.
Conclusion:

In regard to the questioned death investigation of Craig Burdine, the cause and manner of death
are in dispute by various medical professionals. The official manner of death, as determined by
Sandusky County Coroner John Wukie, was Accidental due to acute intoxication of alcohol
and methamphetamines. As such, there likely would not be any criminal culpability directly
regarding the death on the part of the participants of the incident (civilians, law enforcement,
corrections or emergency medical personnel). However, if the opposing medical viewpoint of
Homicide is correct, one must then identify the person or persons responsible for the death and
investigate the surrounding circumstances in order for the appropriate authorities to determine if
the force applied was reasonable or justifiable. If in fact someone applied a force to Burdines
neck, the current investigation was unable to determine who. Burdine reportedly sustained
injuries caused by his own behavior, such as running into a window and tackling a person into an
actively-burning fire pit. Further, he subsequently had physical altercations with civilian
witnesses at the scene, as well as multiple law enforcement personnel from two separate
agencies. Accounts indicate that Burdine was still alive, breathing, speaking and resisting at the
time of EMS arrival. This would seem to suggest that if a homicide took place, it would have
occurred at some point after the EMS arrived and began treatment.
There is no video surveillance, physical evidence or credible statements to indicate that anyone
applied any pressure to Burdines neck during the time period where he was in custody. Law
enforcement, corrections and emergency medical personnel that were present during that time
frame, all but two who were deposed refused to be interviewed in the criminal investigation (nor
could they be compelled to do so), referring investigators to their civil depositions instead.
Investigators spoke with others that were present who were not deposed as well. Due to the
passage of time, the people that did agree to be interviewed had very little recollection of the
details of the incident and therefore, did not have information to further the investigation in that
regard.
The civil depositions, which investigators were referred to, did not contain any first-hand
statements regarding someone applying pressure or compressing Burdines neck. These civil
depositions, which investigators were forced to rely upon for the foundation of the criminal
investigation, have previously been subjected to the scrutiny of Federal judges during the civil
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Page 29

proceedings. Both the United States District Court and United States Court of Appeals judges
failed to find enough of a causal link between Burdines death and the actions of any law
enforcement officers, corrections officers, or EMS personnel who were present, to justify
allowing the case to proceed to trial (even with the lower burden of proof applied in civil suits
preponderance of evidence versus proof beyond a reasonable doubt). Due to the limitations
placed upon investigators by the substantial passage of time between the incident and the
investigation, the reluctance of witnesses to be interviewed, conflicting medical opinions as to
the cause and manner of death and absence of physical evidence, the current investigation did not
reveal any significant new evidence pointing toward wrongdoing in the death of Craig Burdine.





Respectfully submitted,




SAS Jeffery Cook
Northwest Special Investigations
Ohio Bureau of Criminal Investigation
1616 E. Wooster St., #18
Bowling Green, OH 43402
Appendix A
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Comment [JAC1]: Facts 1-5 as presented are
accurate
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Comment [JAC2]: Det. OConnell completed a
narrative creating a timeline of events based on
review of officers reports and statements.
Comment [JAC3]: The Coroner has not changed
the manner and cause of death
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Comment [JAC4]: Based on the EMS Run Report
Burdine was alive at the time of their arrival. The
EKG printout that Jess Burdine is referring to which
is shown below indicates a lack of discernible heart
rhythm at 03:35 a.m. Those strips are from Fremont
Memorial Hospital not from EMS. The EMS printout
are approximately 4 wide. The time on the
machine at the hospital clearly has the time
improperly set on it as Burdine did not arrive to the
hospital until approximately 04:15 a.m.
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Comment [JAC5]: The heading on the strips
shows that they are from Memorial Hospital
Fremont, OH 43420 not from EMS
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Comment [JAC6]: The audio-video DVD that Mr.
Burdine refers to is a compilation video created by
merging the video from Sandusky Co. Sheriffs Office
with the audio from the Fremont Officer Daniels
dash cam that was prepared as part of the civil
proceedings. In speaking with the manufacturer of
the dash cam system used by Fremont at the time
the breaks in audio are most likely from
interference from the building because the cruiser,
with the receiver for the body mic worn by the
officer, was parked in the sally port. Agents
reviewed each of the tapes the compilation was
made from individually and the compilation video.
Comment [JAC7]: The two inmates are Randall
Maynard and Anscenion Anciso. Anciso refused to
be interviewed and Maynard discredited Ancisos
deposition. The view from the top of the stairs is
accurately depicted. Maynard could not see into
the clothing issue/shower room where the Taser
was applied. There is video of the hallway that
would show Craig being tased if it occurred where
Maynard could view it.
Comment [JAC8]: The camera that Mr. Burdine
saw when he did his walk through was not present
in 2007. Agents recorded video from the camera in
question and the camera in the control room of
booking. The camera in question actually does not
track the path taken by the officers as far as the
control room camera.
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Comment [JAC9]: Maynard was in the male
work release dorm. There are a set of stairs that
look down into a hallway and part of the booking
area can be seen.
Comment [JAC10]: Video from the hallway
camera would have captured the situation with
Burdine if it occurred in the hallway and the camera
in the work release dorm would have captured it if it
happened in the booking area.
Comment [JAC11]: Burdine was handcuffed
and strapped to a backboard when he was put on
the cot. Video evidence shows the shackles being
placed on him in the hallway after he was put on the
EMS cot. It is accurate that a deputy drove the
squad from the scene.
Comment [JAC12]: Based on the video
evidence the only things that occurred where
Maynard would have been able to see were Craig
being carried into the clothing issue room and then
Craig being put onto the EMS cot.
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Comment [JAC13]: Maynard would not have
been able to see the Taser being deployed as it
occurred in the clothing issue/shower room or it
would have been captured by hallway camera.
Maynard is correct that the cot was taken out a
door that would not require them to go through the
garage.
Comment [JAC14]: It could not be determined
if during the time the Taser was active for 20
seconds whether it was in contact with Craig.
Comment [JAC15]: The Taser printout prove
the Tasers were deployed but not by whom and
Maynard could not physically have seen the Taser
being deployed.
Comment [JAC16]: In an interview with agents,
Maynard stated that Anciso could not have seen
what he claimed to have seen because Maynard did
not wake him up until after Burdine was out of view.
Anciso could easily describe Kaiser as he was an
inmate at the jail.
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Comment [JAC17]: Burdines feet were never
bound until he was on the EMS cot as is seen in
video evidence reviewed during the investigation..
Comment [JAC18]: Video evidence contradicts
Ancisos testimony. The officers never stopped in
the booking area, making the rest of the testimony
about how Burdine was acting erroneous.
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Comment [JAC19]: There is no video evidence
to indicate that a backboard was ever used until
after EMS arrived. If Burdine was already on a
backboard, EMS would not have brought another
one into the jail.
Comment [JAC20]: Again, Ancisos assertions
are not supported by video evidence.
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Comment [JAC21]: There is no evidence that
this event occurred with the exception of Ancisos
testimony and an unexplained injury to Craigs neck.
Comment [JAC22]: At no time in the video do
the officers stop in the booking area.
Comment [JAC23]: Blue testified in her
deposition that she looked up Burdine in the jail
system and was not familiar with him at all.
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Comment [JAC24]: Normal procedure is to
book prisoners into the Fremont Jail and then
transfer to County. Emrich did not want to have a
problem with Burdine at their jail so he ordered
Burdine be taken to County Jail.
Comment [JAC25]: In Emrichs deposition he
stated that Mr. Burdine was not at the party in
question and he did not have a conversation with
him.
Comment [JAC26]: This interaction shows that
Stults knew of the lawsuit but not where the
information came from. Stults was not involved in
the 2007 incident
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Comment [JAC27]: Per the EMS run report,
EMS was dispatched at 03:47 a.m. Burdine arrived
at the jail at approximately 03:35 a.m.
Comment [JAC28]: This is a question of
semantics. The door that Mr. Burdine refers to as
the side door is on the back of the building
Comment [JAC29]: It is believed that hour time
frame was used for all interaction with law
enforcement beginning at 03:20 am. through EMS
arrival at approximately 03:52 a.m. it was an
overestimate on Sgt. Myers part.
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Comment [JAC30]: Stating the airway was not
obstructed does not mean the airway was restricted
Comment [JAC31]: There may not have been
an accurate count of the heart rate but EMS
personnel can tell if a pulse is fast or slow based on
their experience.
Comment [JAC32]: Dr. Baden stated that
Burdines neck was compressed causing restricted
blood flow and air flow prior to EMS arrival.
Comment [JAC33]: Bubbles from the mouth is
not necessarily severe edema nor is throwing up a
brown liquid.
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Comment [JAC34]: It is unknown how the
thyroid cartilage was fractured. The witness who
claimed to have seen Burdine being choked is
discredited because for it to occur where he could
have seen it happen it would have been captured by
video.
Comment [JAC35]: EMS arrived at the jail at
approximately 03:52 a.m. and the EKG strips that
Mr. Burdine is referring to are from Fremont
Memorial Hospital not from EMS. Burdine did not
arrive at Fremont Memorial until 04:15 a.m. It is
clear that the time on the hospitals EKG machine
was improperly set.
Comment [JAC36]: There is no evidence to
support Mr. Burdines claim as his basis for this is
the EKG strips.
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Comment [JAC37]: There is no such charge
under the Ohio Revised Code.
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