Woman who injured couple in June accident sentenced to prison as they rebuild their lives
This story has been updated with Kimberly Burke's photo and the maximum time Burke may spend in prison.
After derailing the lives of an Ypsilanti Township couple during a June hit and run accident, Kimberly Burke will spend time in prison, a judge ruled Tuesday.
Christian Jimenez and Tanesha Bush are rebuilding their lives after they were both injured in a June hit-and-run accident. Bush is expecting the birth of the couple's first child next Tuesday.
Kyle Feldscher | AnnArbor.com
Burke was driving the vehicle that struck Christian Jimenez and Tanesha Bush at a bus stop on the 1300 block of Huron River Drive on June 3, sending them both to the hospital. Jimenez suffered injuries that kept him in a rehabilitation facility until Sept. 30, and Bush, who is pregnant, suffered a broken leg.
Washtenaw County Trial Court Judge Donald Shelton sentenced Burke to between two and five years in prison for failing to stop at the scene of an accident resulting in serious impairment or death and one to two years in prison for possession of a controlled substance. Burke pleaded guilty to the charges in September.
The sentences will be served concurrently, meaning Burke can spend a maximum of five years in prison.
Bush said after the hearing she was satisfied with the sentence, but she wished the minimum sentence had been more than two years because it may take that long for the couple to piece their lives back together.
“I do wish she would’ve got more than a minimum of two years. We’ve sorta gotta start all over,” she said.
Bush was five months pregnant when she and Jimenez were standing at the bus stop on the night of June 3. They had received the keys to their new apartment just three days earlier and still were in the process of moving in, Bush said.
The two had been making plans to make sure Jimenez could come with Bush to every doctor’s appointment during the pregnancy, and Jimenez had just been hired to start a new job at a store at Briarwood Mall.
However, all of that changed when Burke struck them, mailboxes, street signs and a brick wall before fleeing the scene. She said in court she was under the influence of Vicodin and other prescription drugs she didn’t have a prescription for — a product of an addiction she said began in January.
Burke was arrested about 800 feet away from the accident, where she drove and parked her car and began walking around in a dazed state, according to her attorney Thomas Moors. Although she initially told police she had walked to the area from a class at Washtenaw Community College and had suffered the cuts and bruises that were evident on her face in a fight with a friend, she later confessed to hitting Jimenez and Bush, Moors said.
Kimberly Burke
Burke said she took full responsibility for her actions and told Shelton she has trouble looking at herself in the mirror.
“I feel as if I don’t want to live with myself,” she said. “I pray every night for my victims.”
Bush suffered a broken right leg in the accident and still is walking with crutches. The couple’s baby was uninjured in the crash, and Bush is expected to give birth next week — her due date is on Tuesday, she said.
Jimenez suffered more serious injuries, including a broken neck and serious brain injuries. He had reconstructive surgery in June when doctors placed titanium plates in his head. Jimenez has no recollection of the accident; his last memory is standing on the balcony of the new apartment. The next thing he remembers is being in the hospital a month later, he said.
Jimenez, who makes music and does various other forms of entertainment such as sketch comedy and video production under the name AQ Israel, was released from a rehabilitation center on Sept. 30. He said it’s almost like he was released from prison, and he has to get used to having freedom again.
“I’ve missed so much time,” he said. Jimenez still walks with a limp and has limited range of motion. However, doctors told his mother, Portia Brown, that he would likely be blind in his right eye and paralyzed after the accident. She said it’s a testament to the couple’s strength that they’re both still alive and together, but she’s still in shock that Burke’s decision to drive took nearly all of that away from them.
“He called me that day and said he hadn’t ever been happier and that things were looking up,” she said. “In one day, their whole lives changed. … It was a senseless act, and it never should have happened.”
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
tinkerbell
Wed, Oct 5, 2011 : 11:13 p.m.
The maximum is set by statute. The Judge sets the minimum.
jns131
Wed, Oct 5, 2011 : 9:49 p.m.
Normally if this is her first offense the penalty is lighter. But if it was murder her conviction would have been almost 7 with time off for good behavior. The state will pay for her drug rehab but this ends what ever career she would be hoping for. Sad way to end a great life. Glad to hear everyone else is ok too.
Cash
Wed, Oct 5, 2011 : 10:08 p.m.
How exactly do you think the state will pay for her drug rehab?????? Prisons no longer have any rehabilitation programs.
Ricebrnr
Wed, Oct 5, 2011 : 7:26 p.m.
I am curious if the victims have sued the driver in civil court for all she's worth and if she'd actually worth anything? Also if she'll be barred from owning and driving a vehicle for the rest of her life?
Ricebrnr
Fri, Oct 7, 2011 : 3:12 p.m.
Roadman, since the victims were waiting for the bus, I assumed they do not have a personal vehicle and therefore not auto insurance. My understanding would then be they have no "no fault" of their own to fall back on and only the perp's. I also assume that the perp will likely have the minimum... VERY likely the people will have to go after her. Besides which for society as a whole will the perp be banned from owning/operating a vehicle for the rest of her life? Seems to be a common sense idea but we know from other recent stories may not help but still, we can be banned from owning and operating other things for life if we misuse them, why not cars?
DBH
Thu, Oct 6, 2011 : 12:39 a.m.
@jns131, Kwame who?
jns131
Wed, Oct 5, 2011 : 9:52 p.m.
They can try to go after her and sue her for whatever amount they want, yes, the auto insurance will pay for whatever is needed but to a certain point. Then they can go after her if she has anything of worth which they won't get if she declares bankruptcy and hardship. But I am wondering if there is a loophole because Kwame is being garnished as we speak. Interesting twist here.
Roadman
Wed, Oct 5, 2011 : 9:39 p.m.
The articles have never said the assailant's car was uninsured, so I am assuming she has at least the minimum liability insurance coverage. The injured parties' own respective no-fault insurers are liable for wage loss, medical, rehabilitative, and attendant care benefits among others. Both Ms. Bush and Mr. Jimenez undoubtedly would be entitled to broad lifetime coverage under the No-Fault Act for these accident injuries.
Terry Star21
Wed, Oct 5, 2011 : 7:02 p.m.
Two to five years for nearly killing three people and leaving them to die ? Oh yes, add two years for a substance ? Are you kidding me, was the court easy on her because there were people at the accident site that saved their lives - compared to out in the country where Christian would have most likely died left abandoned ? Or are the jails just full and there was no room for her ? If my calculations are right, this criminal will be between 24 and 27 when she gets out of prison with her full life ahead of her. It appears Christian, although young will be changed mentally and physically the rest of his life. I am sorry, but this is one instance of the courts failing miserably - and encouraging hit-and-run criminals to continue to run. Additionally, I am reminded of of the race situation being reversed, and I am sorry but a young black man might never see the light of day again. However, I am deeply gratified that Tanesha has recovered, Christian is recovering and most importantly their baby is all right and that they survived to begin their life together.
Matt Cooper
Thu, Oct 6, 2011 : 8:53 p.m.
I was being sarcastic.
DBH
Thu, Oct 6, 2011 : 7:30 a.m.
@Matt Cooper, I disagee. I think it is fortunate, not unfortunate.
Matt Cooper
Wed, Oct 5, 2011 : 8:30 p.m.
Unfortunately you can't convict and sentence people based on what they "nearly" did.
Kyle Feldscher
Wed, Oct 5, 2011 : 6:36 p.m.
I've updated the story with Kimberly Burke's photo. We just received the mugshot from the Washtenaw County Sheriff's Office and it was taken immediately following her arrest after the accident.
DBH
Wed, Oct 5, 2011 : 9:07 p.m.
The correct link in my above comment is <a href="http://www.clickondetroit.com/news/28174604/detail.html" rel='nofollow'>http://www.clickondetroit.com/news/28174604/detail.html</a> (including the ")." apparently leads to a dead end).
DBH
Wed, Oct 5, 2011 : 9:05 p.m.
Mr. Feldscher, I find it odd that AnnArbor.com was unable to procure her photo before now. As noted in the link I posted under David Briegel above (<a href="http://www.clickondetroit.com/news/28174604/detail.html)," rel='nofollow'>http://www.clickondetroit.com/news/28174604/detail.html),</a> WDIV has had the same photo on their website for four months.
Cash
Wed, Oct 5, 2011 : 6:11 p.m.
Knowing that drug and alcohol programs in prisons are scrapped, I doubt there will be any attempt to work on drug addiction, etc. Therefore, nothing is resolved really. The person will be the same going in and coming out....except they will be bitter and angry among other possibilities. There will be NO positive change, for sure. With the stripping of programs and mental/physical care in prisons, we pay for nothing more than putting person in a cage and making them angry, bitter.... not what we would hope for when returning to society. Wouldn't we hope for a sober, clean taxpaying citizen? It's just a revolving door otherwise. But we get what we pay for. This isn't "oh poor felon". This is common sense getting what we need out of our taxes....we need addicts treated and trained to work.
aawolve
Fri, Oct 7, 2011 : 6:59 p.m.
I would agree if this was a simple possession charge, but that is not what she is being punished for.
Matt Cooper
Thu, Oct 6, 2011 : 10:07 p.m.
Grimey: I'm thinking there aren't any such places in Michigan (I could be wrong). At least not yet. So your argument, at least on a local level doesn't make sense.
Matt Cooper
Thu, Oct 6, 2011 : 10:05 p.m.
Cash, I totally disagree. I happen to know personally one of the facilitators at Jackson prison in their drug and alcohol rehab programs. But let's not be mistaken, AA is NOT a state run program, either inside prison or outside it. To say that any inmates cannot, do not or will not be honest, is nothing more than a reflection of the people of the larger society in which we all live, and is incorrect to at least some degree. Being nearly 19 years sober myself, and knowing a great many people with long term soriety, I and we are living proof of this. The fact is that a great many inmates can and do get sober in and out of prison using the 12-step approach. Also, for you to say that a few being dishonest ruin it for others that are more serious confuses me. AA members, while leaning on others for, and also offering, support work a program of honesty. However, no persons sobriety is contingent on the honesty of anyone but him/herself.
Grimey
Thu, Oct 6, 2011 : 9:11 a.m.
Many prisons are owned by corporations and are run for profit. Like other corporations trying to earn a profit, "repeat customers" are their bread and butter. How could a corporate prison encourage a "customer" to return quickly and often? Deny them the help, tools and oppertunitys they need to become functional, rehabilitated and positive members of society.
DBH
Thu, Oct 6, 2011 : 12:37 a.m.
@tinkerbell, yes but, to extend your own analogy further, some horses have broken legs and can't get to the water without some help. For another analogy, some people are in ruts so deep that they need help getting out (a helping hand, a ladder, a rope, etc.).
tinkerbell
Wed, Oct 5, 2011 : 11:18 p.m.
Rehabilitation comes from within. "you can lead a horse to water..."
Cash
Wed, Oct 5, 2011 : 9:52 p.m.
Matt, Not all prisons allow the 'self=help' programs because they have to be in a controlled environment, people have to be pre-approved to go into the prison and frankly many people do not want to go in there. They are not active in the prison system. Self-help programs can be successful in the proper environment. Prison is a different world where you include murderers, thieves, etc all in the same self-help group. Honestly is required for these programs to work and it is found that there's not a lot of that going on in prison AA and NA programs. So it ruins it for those who are serious about getting help.
Roadman
Wed, Oct 5, 2011 : 9:32 p.m.
@Matt Cooper: Substance abuse providers generally agree that the 12-step program is the most effective and proven method of dealing with substance abuse. I spoke to a jail employee in another county who helped administer the substance abuse regimen in that jail. He said that inmates cannot receive sufficient treatment because the program is understaffed and underfunded. Judges often provide for substance abuse treatment in their sentences and many, many inmates have addiction or abuse problems but many inmates do not get the treatment needed.
Matt Cooper
Wed, Oct 5, 2011 : 8:29 p.m.
State run recovery programs might be 'scrapped', as you put it, but 12-step programs, which are not state run such as AA and NA among others, are very much alive and active in the prison system as well as county jails across the state. I just hope this young lady can turn to one of them and begin to turn her life around and become a positive force in society.
Roadman
Wed, Oct 5, 2011 : 6:27 p.m.
You are correct. One study estimated that for exery tax dollar spent on substance abuse treatment and prevention, the state receives six dollars in savings back since treatment and prevention programs stanch the deleterious effects emanating from abuse e.g. criminal justice costs, unemployment, domestic abuse etc. We should be helping those with substance abuse problems.
A2_oohwee
Wed, Oct 5, 2011 : 5:37 p.m.
I can totally relate to this story and happen to agree that more jail time should be required for drivers who hit pedestrians. In 2009, while I was in my freshman year of college in California, my roommate and her friend were struck in a hit and run accident. My roommate was killed instantly and the guy she was with shattered both arms and both legs. The woman who hit them got the maximum sentence for vehicular manslaughter in California, which is only 8 years. Her husband who was in the passenger seat also got the maximum of 7 years. Fortunately, in the case of Christian and Tanesha, they are still living after this and hopefully will recover and live happy, health lives as they welcome their baby into this world next week. Best wishes for them and much support for stricter laws for vehicular/pedestrian accidents.
Chandelle German
Wed, Oct 5, 2011 : 5:13 p.m.
<a href="http://www.clickondetroit.com/video/28175688/index.html" rel='nofollow'>http://www.clickondetroit.com/video/28175688/index.html</a> Here is a link to the Channel 4 coverage with her picture. I am just happy they are alive and continue to heal. Prayers still for them both...and I will be very excited to hear of the baby's birth!
Suzi
Wed, Oct 5, 2011 : 4:23 p.m.
Ignorance at its best. People think since alcohol is not to blame for their impairment that it is okay to drive. Also, I didn't see anything about suspending her license. If it was alcohol they definitely would have added that to her punishment.
Roadman
Wed, Oct 5, 2011 : 4:08 p.m.
Overall, a fair sentence under the circumstances. The best news is that the victims are recovering.
RJA
Wed, Oct 5, 2011 : 2:14 p.m.
Only 2 years for almost taking the life of three? (not enough for all this couple has suffered) God's blessings to this couple and their new baby.
LaMusica
Sat, Oct 8, 2011 : 12:21 a.m.
I agree! And the thing that had always bothered me most was that she didn't just stop at hit and run...the fact that she HID HER CAR after running these people over (not caring how badly they were hurt or if they were even alive) shows s true disregard for human life.
Christine Moellering
Wed, Oct 5, 2011 : 2:04 p.m.
Judge Shelton is a good solid judge. We are lucky to have him in Washtenaw County.
racerx
Wed, Oct 5, 2011 : 1:34 p.m.
Wow! A positive story on an African American's in the news. Good for A2.com.
dana
Wed, Oct 5, 2011 : 1:21 p.m.
i,m glad things worked out they have a lot ahead but by the grace of GOD they are still here and they can enjoy life and there baby.i wish the best to both GOD is good all the time and all the time he is Good.
Gorc
Wed, Oct 5, 2011 : 12:58 p.m.
Good...she deserved prison time for lack of human dignity.
Angela Todd
Wed, Oct 5, 2011 : 12:50 p.m.
Words cannot express how I feel. I am so sick of people running down pedestrians and bicyclists. I truly hope and pray that this couple can get their lives back together. An Ann Arbor resident, Angela Todd
Mark Hergott
Wed, Oct 5, 2011 : 12:22 p.m.
Kimberly Burke needs to pay for this for the rest of her life. A Google search of her name ought to bring up these Annarbor.com articles as the first entry. Impaired driving kills people. She is lucky she didn't kill them, but she might forget that fact as time goes on. She needs to be reminded forever of what happened, so as to keep her away from the wheel of a car for the rest of her life.
Wolf's Bane
Wed, Oct 5, 2011 : 12:21 p.m.
I can't help but wonder if the sentence were this light if the prep was a young black lady and the couple white? Two to five years in prison for nearly wiping out a family, you have got to be kidding me? Try 5-7 years with no chance of parole until 5 years.
A2centsworth
Tue, Oct 11, 2011 : 11:36 p.m.
Ann Arbor has more of a problem with reverse discrimination than any other kind.
aawolve
Fri, Oct 7, 2011 : 6:58 p.m.
Reasearch! Please share.
Wolf's Bane
Thu, Oct 6, 2011 : 12:28 p.m.
A2centsworth, I'm sorry you think its pathetic, but why don't you do a bit of research (like I have).
A2centsworth
Thu, Oct 6, 2011 : 12:11 a.m.
someone always has to bring up race. pathetic. Many things come into play when sentencing, white, black, green or pink has nothing to do with it.
David Briegel
Wed, Oct 5, 2011 : 12:09 p.m.
No photo of the perp?
DBH
Wed, Oct 5, 2011 : 1:45 p.m.
If what she looks like is important to you, here is a photo from WDIV: <a href="http://www.clickondetroit.com/news/28174604/detail.html" rel='nofollow'>http://www.clickondetroit.com/news/28174604/detail.html</a>
Gramma
Wed, Oct 5, 2011 : 11:58 a.m.
It is unfortunate that impaired driving is not taken more seriously. A 2 year sentence makes this young woman eligible for parole in 20 months. If she gets credit for time served due to her continued use while awaiting trial...
LaMusica
Wed, Oct 5, 2011 : 11:31 a.m.
GLAD she'll be behind bars, at least for a little while. Even more glad that Christian and Tanesha are recovering and have a great support system in each other and their families. And I'll be most glad to hear when Tanesha's baby is born healthy.