One break too many already

One break too many already

Last May when Bryce D. Burke was sentenced to what most people would view as a more than lenient sentence of three years in prison for dragging a man to his death beneath a car, we predicted that Burke would attempt to have even that sentence reduced.

Which is exactly what he’s doing. After serving all of nine months of his sentence, Burke has appealed to Common Pleas Judge James C. Evans, who sentenced him, for what is called judicial release. It used to be called shock probation. A hearing will be Friday.

As we said in May, we have long argued that the penalty for leaving the scene of a fatal accident should be the same as that of causing a death while driving under the influence. Most drivers flee because they’ve been drinking. If runners are treated more leniently than drunken drivers, drunks have an added incentive to run.

In Burke’s case, he not only “ran,” he continued to drag his victim beneath his car even after being told by people at a fast-food drive-through that there was a person under his car.

Unanswered questions

Who knows whether Andrew Culp, 22, of Columbiana, was alive or dead at that moment? Who knows what would have happened if Burke had not driven away?

All we know is that at that moment, Burke, 27, had a choice, and the Canfield man chose to drive away and go into hiding for two days. Culp’s body was found about two blocks from the restaurant.

Burke may claim that whatever led to Culp being beneath his car was an accident, but it stopped being an accident when Burke fled.

To get a plea from Burke the Mahoning County Prosecutor’s office agreed not to oppose Burke’s early release. That could inspire a separate editorial about whether that office is earning its keep; perhaps another day.

But just because a defense lawyer and a prosecutor reached a deal that is an affront to justice doesn’t mean the judge is bound by it. At three years the sentence was a gift; nine months would be a travesty.