Carl William Burt

WABASH — He failed to appear at his first initial hearing on Dec. 7, but seven days later, Carl W. Burt, 63, 7194 W. Crystal Lake Road, Warsaw, was in court with counsel for his initial hearing. That hearing was held on Dec. 14 and the court set trial dates of April 12-13, beginning at 9 a.m. as an eighth setting. A pre-trial conference is set for 1 p.m. March 14.

Burt has been charged with reckless homicide, a class C felony; operating a vehicle while intoxicated, a class A misdemeanor, and operating a vehicle while intoxicated causing death, a class B felony. The charges stem from the July 18, 2013, accident which took the life of Mary Ellen Rudisel-Jordan, Warsaw.

Information and affidavits of probable cause were not filed with the courts until Nov. 24, 2015.

Burt was arrested by Kosciusko County Sheriff’s Department on Dec. 3, and held for Wabash County officials.

The affidavit of probable cause states around 3:03 p.m. July 18, 2013, Wabash County Sheriff’s Deputy Matthew Cox was dispatched to an accident involving injuries. The accident was on SR 15, near Wabash CR 1400N. He saw Jordan’s 2004 Ford Focus in a field. Jordan had been pronounced dead at the scene. He approached the 2013 Chevrolet Impala, which was overturned in the roadway. Fire and EMS personnel were attempting to extract the driver’ Carl W. Burt.

Burt was unable to give police a statement at the scene due to injuries sustained during the crash. He was transported from the scene to Parkview Regional Medical Center, Fort Wayne. When he was later released, Wabash Detective Mike Davis, and Cox went to Burt’s residence on Oct. 16. However, Burt refused to speak to officers, stating they would have to speak to his attorney.

Witnesses spoke to police the afternoon of the accident. One witnesses’ vehicle was struck after the initial impact. She told police she observed Burt’s vehicle traveling south in the northbound lane of SR 15 just before impact. several other witnesses told police the same thing. Additionally police were told Burt was observed driving his vehicle in an erratic fashion, passing in a no passing zone at a high rate of speed with adequate time to travel back into the appropriate lane of travel. A recording was also obtained from Kosciusko County Communications, which was received approximately 10 minutes before the accident. The caller stated Burt was driving all over the roadway and nearly struck another vehicle head on.

Pleasant Township Fire Chief Adam J. Casper was behind Burt’s vehicle southbound from CR 200S in Kosciusko County. Casper told police he observed Burt’s vehicle leave the roadway and cross into the northbound lane many times prior to the crash. He attempted to get close to get a license plate number, but Burt “jetted” away and began traveling at a high rate of speed. Casper lost visual contact with Burt’s vehicle near SR 15 and SR 14, but the vehicle was still traveling south on SR 15. Casper reported he soon saw dirt in the air and initially believed Burt had left the roadway. A short time later saw what appeared to be an explosion, and as he approached that area, he could see the crash scene.

A toxicology blood test returned positive for Diazepam, Nordiazepam, Oxazepam and Temazepam. The levels, according to a toxicology analytical supervisor, would be recognized as high enough levels to be considered impaired. Prior convictions of Burt were noted: operating a vehicle while intoxicated with a BAC of .15 or more, OWI Enhancement, D felony, in 2010; OWI with a controlled substance, in 2008; public intoxication in 2013 and no less than four convictions of speeding.