BEDFORD — The commonwealth’s attorney’s office has reduced a charge of attempted capital murder against a Bedford man, charging him with felony assault and battery of a police officer instead.
Brian Aubrey Burnette, 32, faced the initial charge after an April 17 run-in with Bedford police officer Tim Stanley.
Bedford Commonwealth’s Attorney Randy Krantz said Tuesday that Stanley stopped a vehicle driven by Burnette’s father on Dickerson Mill Road that April day. Krantz said Stanley tried to arrest Burnette on outstanding warrants, but he ran away. After a scuffle, the prosecutor said, Burnette managed to get back into the vehicle.
“The officer jumps on the side of the van, falls off and takes a pretty good spill,” Krantz said.
The prosecutor said he did not find evidence Burnette had the specific intent to kill the police officer and decided to reduce the charge.
He said attempted murder is difficult to prove beyond a reasonable doubt “unless you have a statement or such vile conduct that a reasonable person would conclude you had the intent to kill.”
In order to prove attempted capital murder, prosecutors would also have had to prove Burnette knew Stanley was a police officer and that he committed the acts with the intent to interfere with his official duties, Krantz said.
In charging Burnette with felony assault and battery of a police officer, Krantz said, it is clear Burnette intentionally placed Stanley in fear of an injury by driving off with him hanging onto the side of the vehicle.
Krantz said Stanley agreed with his conclusions.
Attempted capital murder carries a prison sentence of 20 years to life. Assault and battery on a police officer carries a mandatory minimum jail term of six months and a maximum penalty of five years in prison.
The News & Advance incorrectly reported Tuesday that the attempted capital murder charge had been certified to a grand jury after Burnette waived a preliminary hearing Monday afternoon. Burnette did waive his preliminary hearing, but on the amended assault and battery charge and a handful of theft charges.
Burnette remains jailed without bond pending consideration of his case by a county grand jury. Meetings of the grand jury are scheduled for Aug. 7 and Sept. 1.
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