15 April 2023
WICHITA, Kan. (KSNW) — A court document released on Friday details the crash that killed Sedgwick County Sheriff’s Deputy Sidnee Carter.
Carter, who was 22 years old, was responding to a call, driving south on 135th Street West around 9:30 p.m. on Oct. 7, 2022. A Jeep Grand Cherokee headed west on 29th Street North crashed with Carter’s patrol vehicle. Carter died at the scene.
Investigators have alleged that the Jeep’s driver failed to stop at a stop sign.
In March, Kelvin Wayne Burgett was charged with one count of involuntary manslaughter and one count of driving while suspended.
Kansas Highway Patrol (KHP) Trooper Steven Morris wrote the probable cause affidavit that was released on Friday. According to him, after the crash, Burgett told a Wichita police detective he was on his way home from the Valley Center area and “thought he was on 53rd Street North.” Burgett told the detective he takes 53rd North to Maize, where he gets on Kansas Highway 96 to head home.
Burgett allegedly told the detective that he “has used ‘meth’ in the past and he smokes marijuana ‘every day.'”
According to the affidavit, the detective interviewed the Valley Center friend, who allegedly “disclosed Burgett smoked marijuana while at his home.”
The document also alleges that Burgett was driving with a suspended Arizona driver’s license. It also claims Burgett’s “certified driving record indicates his driving privileges were withdrawn on September 28, 2022, for an accumulation of convictions. The driving records indicate three convictions for speeding within a span of three months.”
Trooper Morris said he investigated further and discovered Bugett was convicted of DUI in Wichita in 2013 and 2016.
The KHP’s Critical Highway Accident Response Team conducted a download of the airbag control modules from the Jeep and the deputy’s patrol vehicle.
According to the affidavit, “… five seconds prior to the impact, Burgett was operating the Jeep at 84 mph in a 55-mph zone. His speed increased to 88 mph at 1.9 seconds prior to impact. The only input Burgett made prior to the collision was braking.”
The KHP said that based on the data, “it appears it took Burgett 0.8 seconds to react to the imminent collision.” It claims a person’s average reaction time is 0.25 seconds. Investigators allege the Jeep’s speed was 87 mph at the time of impact.
The KHP said the deputy’s vehicle was traveling at a constant speed of 57 mph. But it increased to 60 mph when the airbag deployed.
A Wichita detective collected a voluntary blood draw from Burgett at Ascension Via Christi St. Francis Hospital the night of the crash. According to the court document, NMS Labs in Pennsylvania tested the sample and found it positive for the following:
11-Hydroxy Delta-9 THC 3.6 ng/mL
Delta-9 THC 6.8 ng/mL
Cannabigerol .15 ng/mL
Cannabinol .14 ng/mL
Trooper Carson Nuss, a member of the KHP Breath Alcohol Unit and a Drug Recognition Expert, was given the facts of the crash and asked to provide an opinion about Burgett’s abilities at the time of the crash.
According to the affidavit, “Trooper Nuss reported that the circumstances of Burgett’s crash show relaxed inhibitions, altered distance perception, lack of concentration, and difficulty with depth perception.” It goes on to say that Nuss believes Burgett was impaired at the time of the crash.
Dr. Tyson Baird, Chief Toxicologist at Sedgwick County Regional Forensic Science Center, was also asked to review the evidence.
The affidavit said that Dr. Bair’s opinion is that Burgett was under the influence of Delta-9 THC at the time of the crash.
Before ending the affidavit, Morris wrote that he “also recognized signs of impairment during this investigation, including:
Disorientation – Burgett thought he was on 53rd Street North when he was five miles to the south on 29th Street North,
Delayed inhibitions – Burgett was operating his vehicle at speeds near 90 mph in a 55-mph zone, and
Difficulty in diving attention – Burgett was speeding, he failed to recognize the posted stop sign, and he failed to recognize the impending collision as he braked only 0.6 seconds before colliding.”
Burgett is due back in court on May 8 at 10:30 a.m.
KSN News will continue to follow this case as it makes its way through the court system.