JALEN MAKI
MMC STAFF
Lincoln County District Attorney Galen Bayne-Allison on Monday, Nov. 8, announced that no charges will be filed against a Lincoln County Sheriff’s Deputy who was involved in a vehicle pursuit this summer that ended with a fatal crash.
David J. Burdick, 27, died from injuries sustained in the crash, which occurred on June 2, 2021, while he was being pursued by two Lincoln County squad cars occupied by Deputy Sheriff Dean Dokken, Deputy Sheriff Logan Lange, and Deputy Sheriff Ashtin Zunker.
The incident was investigated by the Wisconsin Department of Justice (DOJ) Division of Criminal Investigation (DCI) at the request of the Lincoln County Sheriff’s Office. In a legal opinion written and signed by Bayne-Allison, the D.A. said he had “reviewed all of the interviews, records, and investigative reports prepared by DCI and assisting agencies and provided to me by Special Agent Mike Reimer.”
Bayne-Allison said he also reviewed photographs and diagrams of the scene, as well as squad car dash camera footage and squad audio.
“I drove the route of the pursuit during the month of June, 2021, to better understand the roadways and road conditions involved at the time of Burdick’s death,” Bayne-Allison stated.
According to the legal opinion, on June 2, 2021, Burdick was seen operating a black-colored BMW that had been reported stolen from a Lincoln County residence earlier that day. Bayne-Allison said an off-duty Lincoln County deputy first observed Burdick operating the vehicle on County Rd. K in Lincoln County near the Lincoln County/Marathon County line. The off-duty deputy reported the information to the Lincoln County Dispatch Center and “followed Burdick at a safe distance,” Bayne-Allison said.
Dokken, who was “in a position to respond” due to addressing a “non-emergent situation” on County Hwy. Q east of its southern intersection with County Hwy. K, was advised of Burdick’s location, Bayne-Allison said.
Bayne-Allison said Dokken attempted to initiate a traffic stop on Burdick on County Rd. K northbound, and Burdick “accelerated rapidly and pulled well ahead of Dokken.”
“Burdick did not yield in any way to Dokken’s signals,” Bayne-Allison stated. “Burdick passed other civilian vehicle operators at a high rate of speed including other civilian vehicle operators who had pulled their vehicles to the side of the road and otherwise altered their driving behavior in response to Dokken’s signals.”
Bayne-Allison said Dokken reached speeds in excess of 100 MPH on County Hwy. K in a 55 MPH posted speed limit zone, but was unable to catch up to Burdick “because of Burdick’s high rate of speed.”
Burdick turned left onto Joe Snow Rd. at its intersection with County Hwy. K and continued to travel at high speeds with Dokken in pursuit. Bayne-Allison said Burdick did not yield to Dokken’s audible and visible signals.
Burdick lost control of the vehicle “at or in the intersection” of County Hwy. Q and Joe Snow Rd. and left the roadway, Bayne-Allison said. The vehicle became airborne and collided with a tree, ejecting Burdick from the vehicle. Burdick did not survive his injuries.
Bayne-Allison said Dr. Michael Stier’s findings from the autopsy of Burdick “are consistent with the circumstances of Burdick’s death.”
“At no time did Dokken’s pursuit of Burdick bring their two vehicles into such close proximity that Burdick would have risked precipitating a collision – the patrol vehicle’s front-end with the vehicle’s rear-end or otherwise – by decelerating,” Bayne-Allison stated. “Burdick’s choice to continue to operate the vehicle at a high rate of speed was not forced by Dokken’s actions. Burdick’s choice to continue to operate the vehicle at a high rate of speed was Burdick’s own voluntary choice.”
Bayne-Allison also said that Dokken’s patrol vehicle did not make contact with the vehicle operated by Burdick during the pursuit.
“The cause of Burdick’s death was the injury occasioned by the collision with the tree and Burdick’s consequent ejection from the vehicle,” Bayne-Allison stated. “Dokken’s actions were not a cause of Burdick’s death. Because Dokken’s actions were not a cause of Burdick’s death, no use-of-force-analysis is required in this case.”