Burt’s Trial Now Set For Feb. 21-22
WABASH — Carl William Burt, Warsaw, is still awaiting a trial in Wabash County on charges of 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 two-day jury trial is currently set to begin at 8:30 a.m. Tuesday, Feb. 21.
Burt, 64, 7194 W. Crystal Lake Road, Warsaw, was charged in the July 18, 2013, accident which took the life of Mary Ellen Rudisel-Jordan, Warsaw. He was arrested by the Kosciusko County Sheriff’s Department Dec. 3, 2015, and held for Wabash County officials.
A case summary of the case shows his original trial was set for April 12 and 13, but March 14 a motion was granted vacating that date and resetting the trial to Aug. 2-3.
On May 2, Alan J. Zimmerman, counsel for Burt, filed a motion for psychiatric examination to determine his competence to stand trial. The motion was granted by Wabash County Circuit Court Judge Robert R. McCallen III. The evaluations were approved to be coordinated with the Fort Wayne Bowen Center. With the August court dates approaching, Zimmerman filed a motion to continue the trial dates.
McCallen granted the motion April 27, resetting the trial for Nov. 1-2, as a fifth setting.
The courts received the competency evaluations Oct. 3, which are confidential and only available to the prosecution and defense. Zimmerman again filed a motion Oct. 5, requesting the trial dates be vacated. McCallen then set the trial to Feb. 21-22. A pretrial conference is set for 1 p.m. Jan. 23. Since that time subpoenas have been filed for six individuals by the prosecution.
Burt was driving a 2013 Chevrolet Impala, which struck Rudisel-Jordan’s 2004 Ford Focus around 3:03 p.m. July 18, 2013. The accident was on SR 15, near Wabash CR 1400N. Rudisel-Jordan was pronounced dead at the scene. Burt was taken to Parkview Regional Medical Center, Fort Wayne, for unspecified injuries, but later released.
Witnesses notified the Kosciusko County Communications Center approximately 10 minutes before the accident a vehicle matching the description of Burt’s vehicle was being driven in an erratic fashion, passing vehicles in a no passing zone at a high rate of speed. Pleasant Township Fire Chief Adam J. Casper was behind Burt’s vehicle just prior to the accident and observed his driving behavior, but lost visual contact with the vehicle near SR 15 and SR 14, which had continued southbound on SR 15.
Casper reported he soon saw dirt in the air and initially believed Burt had left the roadway. A short time later he 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.
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