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Man jailed in car-dragging death wants out
YOUNGSTOWN
A Canfield man sentenced to three years in prison after dragging another man beneath his car and causing the victim’s death wants early release after being confined for six months.
Bryce D. Burke, 28, of Mercedes Place, filed a written motion for judicial release from the Southeast Correctional Institution in Lancaster on Friday through his lawyer, J. Gerald Ingram.
In the motion, supported by numerous letters from Burke’s family members, friends and employer, Ingram says Burke “has always shown genuine remorse,” has been a model prisoner, and has been “a devoted father” of two young children.
Judge James C. Evans of Mahoning County Common Pleas Court has not scheduled any judicial release hearing or ruled on the motion. The request, which asks for a hearing, comes at the earliest time for judicial release allowed by law.
Judge Evans imposed the prison term, a $1,000 fine and a three-year driver’s license suspension, on May 12, after Burke pleaded guilty to failure to stop after an accident resulting in death.
Burke hit the victim, Andrew Culp, 22, of Columbiana, who was a pedestrian, on Midlothian Boulevard, on Nov. 29, 2008, just west of Zedaker Street, and dragged him under the car he was driving, police said.
During Burke’s sentencing hearing, Ingram said Culp was partly at fault because Culp was reportedly lying in the road when he was struck by the car Burke was driving.
Burke was in the McDonald’s drive-through at South Avenue and Midlothian Boulevard, when another motorist told him there was a body under the car he was driving, police said.
A witness called 911 to report a body under the car in front of him, but, by the time police arrived, the car had gone.
Culp was found on the road about two blocks from McDonald’s, and Burke surrendered to detectives a few days later.
In the plea agreement, the prosecution agreed not to oppose judicial release for Burke, who has no prior felony convictions and has never before been incarcerated.
After his release from prison, Burke will be on probation for three years.