Judge John P. O'Donnell: The 19-Year-Old Who Fled Cops and Crashed Into a Plaza

Added: 2026-05-30

[00:00:00]So, >> [snorts] >> you're present.

[00:00:03]>> We are hearing the case of State of Ohio versus Kevin Burgess, case number 25 CR308.

[00:00:10]Defendant is present in the courtroom represented by defense counsel Jim Matthews.

[00:00:14]State's offer in this case, Your Honor, is a plea to an amended count one, attempt to commit failure to comply with order signal of police officer, felony of the fourth degree. It's my understanding that the defendant wishes to accept that offer today.

[00:00:29]>> Mr. Matthews?

[00:00:30]>> That is correct, Your Honor.

[00:00:35]>> [snorts] >> Now, Mr. Burgess, how old are you?

[00:00:43]>> 19.

[00:00:45]>> Speak up, please.

[00:00:46]>> 19.

[00:00:47]>> How far did you go through school?

[00:00:49]>> I'm in 12th grade.

[00:00:50]>> Are you a US citizen?

[00:00:52]>> Yes, sir.

[00:00:53]>> Do you read, write, and understand the English language?

[00:00:55]>> Yes, sir.

[00:00:56]>> Prior to coming into court, have you taken any drugs or alcohol or any prescription medication in the last 48 hours?

[00:01:02]>> No.

[00:01:03]>> Have you been diagnosed with or treated for any mental illness?

[00:01:06]>> No.

[00:01:07]>> [clears throat] >> Did you get a copy of this indictment?

[00:01:10]>> Yes.

[00:01:12]>> All right. It's been represented to me you're going to plead guilty to the amended count one, failure to comply with the order signal of a police officer, felony four.

[00:01:20]And the remaining charges will be dismissed at the time of sentencing. Is that your understanding?

[00:01:23]>> Yes.

[00:01:25]>> Before I accept your guilty plea, I need to determine that you know and understand the constitutional rights you'll be waiving, the consequences of your guilty plea and the maximum penalty I can give you, and I need to be satisfied that your guilty plea is being made freely, knowingly, and voluntarily.

[00:01:40]I'm going to ask you some questions. If you don't understand a question or you want to talk to Mr. Matthews, let me know and I'll give you more time. You understand that?

[00:01:47]>> Yes, sir.

[00:01:48]>> You have a constitutional right to have a trial either to me or to a jury of 12 Lake County citizens. You understand that right?

[00:01:55]>> Yes.

[00:01:55]>> Are you waiving that right?

[00:01:56]>> Yes.

[00:01:57]>> If you go to a jury trial, all 12 members must agree to a guilty verdict before you can be found guilty. Do you understand that right?

[00:02:03]>> Yes.

[00:02:04]>> Are you waiving that right?

[00:02:05]>> Yes.

[00:02:06]>> If you go to trial, the prosecutor will call witnesses to testify against you.

[00:02:10]Do you understand the prosecutor must prove you guilty beyond a reasonable doubt at a trial?

[00:02:14]>> Yes.

[00:02:15]>> After the witnesses are done testifying for the prosecutor, you have the constitutional right to have your lawyer cross-examine the witnesses. Do you understand that right?

[00:02:22]>> Yes.

[00:02:23]>> Are you waiving that right?

[00:02:24]>> Yes.

[00:02:26]>> If you go to trial, you have the right to have witnesses come here and testify for you. Do you understand that right?

[00:02:30]>> Yes.

[00:02:31]>> Are you waiving that right?

[00:02:32]>> Yes.

[00:02:33]>> If those witnesses refuse to come to court, I'll issue an order called a subpoena to make them come and testify.

[00:02:37]Do you understand that right?

[00:02:39]>> Yes.

[00:02:39]>> Are you waiving that right?

[00:02:40]>> Yes.

[00:02:41]>> You have the right to testify at trial if you want to. Do you understand that right?

[00:02:44]>> Yes.

[00:02:45]>> Are you waiving that right?

[00:02:46]>> Yes.

[00:02:47]>> You have the constitutional right to not testify at trial if you do not want to.

[00:02:50]Do you understand that right?

[00:02:51]>> Yes.

[00:02:52]>> Are you waiving that right?

[00:02:53]>> Yes.

[00:02:53]>> If you decide not to testify at trial, nobody is permitted to comment on that decision. Do you understand that?

[00:02:59]>> Yes.

[00:02:59]>> If you go to trial and you're found guilty, you have the right to appeal the guilty finding. Do you understand that right?

[00:03:04]>> Yes.

[00:03:05]>> Are you waiving that right?

[00:03:06]>> Yes.

[00:03:07]>> If you file an appeal, you have the constitutional right to have a lawyer represent you in the appeal. Do you understand that right?

[00:03:12]>> Yes.

[00:03:12]>> Are you waiving that right?

[00:03:13]>> Yes.

[00:03:14]>> If you could not afford to hire a lawyer, one would be provided at no cost. Do you understand that?

[00:03:19]>> Yes.

[00:03:20]>> If you file an appeal, you're entitled to be given a transcript of all the hearings in this case. Do you understand that right?

[00:03:26]>> Yes.

[00:03:26]>> Are you waiving that right?

[00:03:27]>> Yes.

[00:03:28]>> If you could not afford a copy of those transcripts, they'd be given to you at no cost. Do you understand that?

[00:03:32]>> Yes.

[00:03:33]>> If you plead guilty today, you will not have the right to appeal the guilty finding. Do you understand that?

[00:03:38]>> Yes.

[00:03:39]>> Do you have any questions about any of your rights?

[00:03:41]>> No, sir.

[00:03:42]>> Do you still want to plead guilty to this charge?

[00:03:45]>> Yes, sir.

[00:03:45]>> You understand by pleading guilty, you're fully admitting your guilt to the charge?

[00:03:49]>> Yes, sir.

[00:03:50]>> You understand by pleading guilty to this felony, you're voluntarily giving up your freedom for whatever period of time I can send you to prison, to jail, or to community control.

[00:03:57]>> Yes, sir.

[00:03:59]>> Now, the amended count one failure to comply is a felony of a fourth degree. It carries an 18-month maximum prison sentence and a $5,000 maximum fine. Do you understand that?

[00:04:09]>> Yes.

[00:04:13]>> Do you understand that if prison term is imposed in this case, you might have to serve a period of post-release control as part of as part of your sentence for the 2 years under the parole authority?

[00:04:22]>> Yes.

[00:04:23]>> If you are placed on post-release control and violate any conditions, the parole authority could return you to prison for up to 9 months for each violation up to 1/2 of my sentence. Do you understand that?

[00:04:32]>> Yes.

[00:04:32]>> If that violation is a new felony, then you could get an additional consecutive prison sentence for that violation. Do you understand that?

[00:04:39]>> Yes.

[00:04:40]>> If that were to occur, the maximum prison sentence for the violation would be the greater of 12 months or the time left under post-release control. Do you understand that?

[00:04:48]>> Yes.

[00:04:51]>> Do you understand that if a prison term is imposed, you are eligible for judicial release?

[00:04:55]>> Yes.

[00:04:56]>> I could place you on community control for up to 5 years, but if you violate any conditions, I could send you to prison for 18 months. Do you understand that?

[00:05:02]>> Yes.

[00:05:03]>> Has anybody promised you I would be lenient on you just because you're pleading guilty?

[00:05:08]>> No.

[00:05:10]>> He He answered no.

[00:05:12]>> Okay. Has anybody promised you what I will sentence you to in this case?

[00:05:15]>> No.

[00:05:16]>> Do you understand I don't have to follow the sentencing recommendation of either the prosecutor or your lawyer?

[00:05:21]>> Yes.

[00:05:22]>> Have you had enough time to talk to Mr. Matthews before pleading guilty today?

[00:05:25]>> Yes.

[00:05:26]>> Has he discussed everything about your case and answered all of your questions?

[00:05:29]>> Yes.

[00:05:30]>> And are you satisfied with the advice he has given you?

[00:05:32]>> Yes.

[00:05:33]>> Have you been threatened or coerced in any way to plead guilty today?

[00:05:36]>> No, sir.

[00:05:37]>> Are you freely, knowingly, and voluntarily entering your guilty plea?

[00:05:40]>> Yes, sir.

[00:05:41]>> Do you have any questions?

[00:05:42]>> No, sir.

[00:05:43]>> Mr. Gwetsky, if the case went to trial, what would the evidence show?

[00:05:47]>> The evidence would show that on March 7th of 2025 in Lake County, Ohio, Willoughby Hills officer observed the defendant make multiple marked lanes violations and was monitoring the vehicle based on who the registered owner of the vehicle was. As he was following the defendant, he proceeded to drive into Cuyahoga County.

[00:06:07]More marked lanes violations occurred.

[00:06:10]Officer turned on his lights and sirens to initiate a traffic stop. The defendant was the driver. He did not stop his vehicle. He continued to drive.

[00:06:18]He took the Mayfield Road exit, ran a red light, turned into the Golden Gate Plaza, struck a curb, rendering his vehicle inoperable, and then ran from the vehicle.

[00:06:29]>> All right, Mr. Matthews, anything to add to those facts?

[00:06:32]>> No, Your Honor.

[00:06:32]>> Mr. Burgess, did you hear what Mr. Gretsky said that the facts would show if the case went to a trial?

[00:06:38]>> Yes, sir.

[00:06:39]>> Are those facts true?

[00:06:41]>> Yes, sir.

[00:06:42]>> All right. What is your plea to the attempted uh failed to uh comply with the order or signal of a police officer, a felony four?

[00:06:50]>> Yes, sir.

[00:06:51]>> What's your plea?

[00:06:53]>> Attempted failed to comply.

[00:06:56]Guilty or not?

[00:06:57]>> Or guilty?

[00:06:57]>> All right. Mr. Matthews.

[00:07:03]>> Thank you, Your Honor. Prior to the hearing, I did review the plea of guilty with Mr. Burgess.

[00:07:08]He indicated that he understood it and that he intended to sign it.

[00:07:17]>> Can you finish putting that eight on that line, 521?

[00:07:32]When you sign it.

[00:08:12]>> And I'm handing you the court back the written plea of guilty. Witness to the defendant and his attorney signing and also signing it.

[00:08:20]>> Mr. Burgess, is this your signature on the written plea of guilty?

[00:08:24]>> Yes, your honor.

[00:08:25]>> Did you sign it voluntarily?

[00:08:27]>> Yes, your honor.

[00:08:28]>> Do you want me to accept your written plea of guilty?

[00:08:30]>> Yes, your honor.

[00:08:32]>> Accept the written plea of guilty.

[00:08:33]Defendant was present. Mr. Matthews advised of all his rights made a knowing, intelligent, voluntary waiver.

[00:08:38]He understands the nature of the charge and consequence of his guilty plea and the maximum penalty found to be knowing, intelligent, voluntary. We'll accept his plea of guilty and find him guilty of the amended count one, failure to comply, felony four.

[00:08:51]I'll refer this for a pre-sentence report. Sentencing will be June 27th at 8:30 and the bond is continued. Anything else, Mr. Gretzky?

[00:08:59]>> No, your honor. Thank you.

[00:09:01]>> No, your honor. Thank you.

[00:09:01]>> All right, we're adjourned.

[00:09:04]Be seated.

[00:09:07]Mr. LaVanche?

[00:09:08]>> Yes, your honor. We're here for sentencing in the matter of the state of Ohio versus Flora M. Moore, case number 24 CR1095.

[00:09:18]Ms. Moore is present today in open court with her attorney, Mr. Jim Matthews. At the last proceeding, your honor, which was held on April 8th of this year, the defendant entered a plea of guilty to two counts, one being attempted tampering with evidence in F4, under 2921.12A1, and possession of cocaine and F5 under 29 25.11 A and carrying a firearm specification.

[00:09:45]Your honor accepted the plea and ordered that the defendant undergo evaluations of PSRs as well as a drug and alcohol evaluation. We have read the report. We are ready for sentencing. There's no prior agreement as to sentencing. We understand that the defendant has 57 days of time served, your honor. Thank you.

[00:10:02]>> Mr. Mr. Matthews.

[00:10:04]>> Thank you, your honor.

[00:10:08]Ms. Moore is requesting community control.

[00:10:11]She is hoping that the court will consider the 57 days that she has served to be sufficient.

[00:10:21]She has formulated a relapse prevention plan that includes going to an IOP, regaining contact with her sponsor and home group, taking all of her medications, seeing I'm sorry, following through with her mental health services which she receives, staying away from the wrong people, and generally just trying to love herself more.

[00:10:56]Ms. Moore has been to a number of inpatient treatment facilities. I think that the lessons to be learned that she has learned, she just has to be motivated which she is claiming that she is at this point to remain sober.

[00:11:14]She does have two things she just presented me with from AA in the jail or NA.

[00:11:23]And she completed a domestic violence education group while in Lake County Jail. So, she is asking that the court allow her to address her issues, but to address them on an outpatient basis, your >> Okay, Ms. Moore, what do you want to tell me?

[00:11:48]>> Uh I want to say that I apologize and I meant my wrongs.

[00:11:53]And I'm not perfect.

[00:11:55]I'm a good [clears throat] person.

[00:11:57]Like you said, I have a certificate for domestic violence. I was working and I was going to school as a peer supporter where I had started a online class and I would just like to go home and return to a sober life.

[00:12:10]>> How are you going to do that?

[00:12:12]>> Go to IOP, go to meetings, be my sponsor, be my family, get a support group. Uh better support group. Well, I got a support group. I just need to honor my medicine, stay compliant.

[00:12:28]>> Where do you get your medicine from?

[00:12:30]>> Center for Families and Children.

[00:12:32]>> Where What medicine you on?

[00:12:34]>> Um a lot of pain, hydrochlorothiazide, hydrocodone something. It's more medicine. Well, I take heart medicine, cholesterol medicine, um bipolar.

[00:12:46]>> Okay.

[00:12:51]So, you didn't you you haven't had anything for 5 years and you had a couple little things in the last, I don't know, 15 years.

[00:13:00]So, when did you start with the crack again?

[00:13:04]>> How many years ago you mean?

[00:13:06]>> No, I mean you haven't been in trouble for a while, so how long you been using it?

[00:13:11]>> Well, my sisters start dying.

[00:13:16]They was dying off. My brother died.

[00:13:18]Four Five of my sisters died. This is my only sister I have left right there.

[00:13:25]>> [clears throat] >> Well, I mean, what?

[00:13:39]So, as a result of that, you decided to use [clears throat] use the drugs?

[00:13:43]>> Yeah, cuz I wasn't taking my medicine.

[00:13:44]>> Why weren't you taking your meds?

[00:13:46]>> Depression.

[00:13:47]>> All right. Well, that only makes it worse, [snorts] right?

[00:13:49]>> I know that now, your honor.

[00:13:52]>> And what do you do at the centers?

[00:13:54]>> Um Well, I see my psych doctor. I was going to get a um psychiatrist to talk to more than once a week, but [clears throat] we were setting that up.

[00:14:06]We were starting to set that up.

[00:14:08]So, I have not know who the psychiatrist is yet, but my doctor is um Dr. James Ward that prescribed my medicine.

[00:14:16]>> And before you went off your meds, how long had you been taking them?

[00:14:20]>> For years.

[00:14:21]>> Years?

[00:14:22]>> Yeah, years.

[00:14:23]>> And during [clears throat] that time, you managed to function and not get in trouble, right?

[00:14:29]>> Yes, sir.

[00:14:30]>> Okay.

[00:14:31]So, what does that tell you?

[00:14:32]>> Take my medicine and take my medicine, don't stop.

[00:14:35]>> Cuz when you stop, then >> I do drugs, I go to jail.

[00:14:39]>> All right.

[00:14:41]So, you've been in treatment a number of times, right?

[00:14:43]>> Yes.

[00:14:45]>> And you completed it, right?

[00:14:46]>> Yeah.

[00:14:47]>> So, you know what to do, right?

[00:14:48]>> Yes.

[00:14:50]>> Okay.

[00:14:53]Who do you live with?

[00:14:54]>> Myself.

[00:14:55]>> Okay.

[00:14:56]>> I've been there for 10 years.

[00:15:08]>> [snorts] >> All right, Mr. Tavonche.

[00:15:19]>> Yes, your honor. Thank you.

[00:15:21]>> Um it is apparent that the defendant does need treatment both with regard to apparent drug addiction and some mental health concerns over time.

[00:15:31]We are concerned or maybe even have doubts about her ability to comply with an IOP given her history. An IOP may be warranted but we believe that given her history a more structured treatment environment is needed before an IOP a bare IOP is given. For that reason we would request JT B and any treatment thereafter where the defendant uh that the defendant is that your honor feels the defendant needs. Thank you.

[00:16:23]How often do you see the psychiatrist at the centers?

[00:16:26]>> Once a month.

[00:16:28]>> And is that primarily for the medication?

[00:16:31]>> To listen.

[00:16:32]>> Is that Is that Is the reason you go there once a month for the medication?

[00:16:36]>> Yes.

[00:16:37]>> Okay.

[00:16:37]>> bond too. I talk to him on >> What?

[00:16:40]>> We have a bond too. I talk to him about my issues.

[00:16:43]>> Okay.

[00:16:45]Do you go to any other doctors?

[00:16:47]>> No. Not for my psych meds. I don't.

[00:16:49]>> What What about for other things?

[00:16:53]>> No, I go to Circle Health but they're affiliated with Center for Women and Children.

[00:17:03]>> Where do you get the medication at? What Do you go to one pharmacy for that?

[00:17:07]>> Yes.

[00:17:07]>> Where at?

[00:17:08]>> Center for Women and Children.

[00:17:50]>> That's all right.

[00:17:53]>> All right, I reviewed the pre-sentence report and the drug and alcohol evaluation.

[00:17:58]I have listened to what you've said, what counsel has said, and I've considered all the factors in 29291112 and 13.

[00:18:09]I'll place you on community control for 2 years.

[00:18:13]You're going to serve 57 days in jail with credit for the 57.

[00:18:19]No drugs or al- no other than your prescription drugs, no drugs or alcohol, and you'll be screened.

[00:18:25]>> Okay.

[00:18:26]>> You're going to continue your mental health treatment at the centers and follow all the recommendations.

[00:18:31]>> Okay.

[00:18:33]>> I want you to complete an IOP and follow those recommendations.

[00:18:37]>> Okay.

[00:18:38]>> [snorts] >> You'll receive only the one doctor at the centers, one dentist, and one pharmacy for medication.

[00:18:45]>> Okay.

[00:18:45]>> Take your medication as is prescribed.

[00:18:47]>> Okay.

[00:18:48]>> Sign [snorts] releases so probation can get your records.

[00:18:52]And pay the costs and supervision fees.

[00:18:54]Ms. Wehigan, any other terms?

[00:18:56]>> Um, no, Your Honor, I don't think so.

[00:18:58]>> Do you understand all the terms?

[00:19:00]>> Yes.

[00:19:01]>> If you don't comply with the terms, then the state will file a motion to terminate your community control.

[00:19:07]>> Yeah.

[00:19:07]>> And if I find you violated, then face potentially 30 months in prison. Do you understand that?

[00:19:17]>> Yes, sir.

[00:19:18]>> Okay.

[00:19:21]So, you're in a situation where you've been through this enough times, you know what to do.

[00:19:25]>> I do.

[00:19:27]>> You know what happens if you if you do what you're supposed to do.

[00:19:31]And you know what happens now if you don't do what you're supposed to do.

[00:19:35]>> I do.

[00:19:36]>> So, you got to be determined to do it. Is there anything else? Um remaining charges are dismissed.

[00:19:41]Anything else, Mr. Camacho?

[00:19:43]>> Uh the forfeiture, your honor?

[00:19:44]>> Forfeited, whatever's subject to forfeiture is forfeited.

[00:19:48]>> Any uh thing in the GE with regard to PRC, your honor?

[00:19:51]>> Well, since I'm not sending her, I don't need to tell her, so.

[00:19:57]Anything else, Mr. Matthews?

[00:19:58]>> No, your honor. Thank you.

[00:20:00]>> All right, Ms. Moore, go do what you're supposed to do.

[00:20:02]>> I will. Thank you.

[00:20:04]>> All right.