Second Chance For Roger

The Issue

This petition is directed to KY Governor Andy Beshear requesting him to commute Roger Burdette’s 27-year sentence to timed served.  As most people know, Roger Burdette was the MSD semi-truck operator that struck LMPD detective Deidre Mengedoht on Christmas Eve 2018.  Tragically, Detective Mengedoht perished in the accident and Roger Burdette was subsequently convicted of murder and wanton endangerment.  Roger has completed 5 years of this sentence to date and will have completed 9 years by the end of Governor Beshear’s second term.

Before going any further with this petition, it must first be stated that we all have the utmost respect for Detective Mengedoht and the LMPD.  She and her fellow officers put their lives on the line daily for our benefit.  By all accounts, Detective Mengedoht was a wonderful person.  She will be missed dearly by her loved ones and this community.  This was a tragic accident that should have never happened.  While this petition is primarily focused on Roger Burdette, the damage done to her family cannot be ignored.  

The prosecution was able to obtain the murder conviction based on two main points litigated during the trial.  They claimed that Roger Burdette was under the influence of a non-prescribed drug and was watching a pornographic movie while driving.

Roger Burdette did not refute the charge of taking an unprescribed narcotic. Like so many Americans, he became dependent on a drug prescribed after a shoulder surgery that he could no longer obtain a prescription for. However, he took this drug several days earlier and not the day of the accident.  The blood test revealed only trace amounts in his system and there was no way of determining what effect, if any, it had on his driving ability.  Co-workers testified that he appeared completely normal at the workplace prior to setting out on his route.  There was also testimony from first responders stating that Mr. Burdette was functioning normally at the crash site despite dealing with the shock of what just happened.

LMPD conducted a forensic analysis of his cell phone and determined that a pornographic movie was playing during the moments leading up to the crash.  Roger admits to watching a movie previously that day.  However, he maintains that he was not watching it while driving his vehicle.  As we all know, cell phones have several apps running at once and they keep running until each one is individually closed out.  The forensic analysis has no way of determining where the phone was positioned in the truck or where the driver’s eyes were looking at the time of the accident.  Our prisons would be completely full if we handed out sentences like this for every driver who had an accident while suspected of misusing a phone.

Many believe that the jury failed to properly consider the most significant factor figuring into this crash.  Detective Mengedoht pulled over a vehicle in the area directly under the downtown Belvedere – an area very dark in contrast to an overall bright sunny day on December 24, 2018; and more importantly, in an area where there was not room to completely pull off the road.  Her vehicle and the vehicle she pulled over were both sticking out in the right lane requiring expressway traffic in that lane to have to switch lanes to avoid a collision.  Video shown in court revealed that several vehicles did not see her unmarked car until very close to it.  There was one car that had to come to a complete stop in the right lane of the expressway before moving over to the left lane.  This was extremely dangerous.  It is hard to believe that the police do not have procedures prohibiting a traffic stop in such dangerous conditions.  Prosecutors would have everyone believe that Mr. Burdette’s actions are solely to blame for this accident.  While it’s definitely easier to pin this entire accident on Roger Burdette, an accident like this WILL happen again if LMPD continues to pull over vehicles in this manner.

To further support just how harsh of a sentence he was given requires no more than a quick look at other similar cases in this community.

The first one occurred in 2019 when LMPD officer Zach Cottongim pulled off of I-64 to process an abandoned vehicle—except he was in an area where he could pull completely off the road.  A driver failed to see him and crashed into him.  Officer Cottongim died later that day.  No information was ever provided about results of any blood tests and/or a phone analysis on that driver.  It does not appear that these checks even took place.  No charges were ever filed.  In fact, the driver’s name was not even mentioned in any news report.  Why was this driver treated so very different from Roger Burdette? 

Another case was in 2022 where a woman killed off-duty Shelbyville police officer Thomas Elmore in a hit and run accident.  She was speeding, had no insurance. and left the scene of the accident.  She was sentenced to four years of probation.  No prison time.  Again, why the disparity in justice?

Even in cases where intentional, violent criminal action takes place, sentences this long aren’t being handed out. Prison should be reserved for people who pose a threat to society.  If you know Roger Burdette, you know that he is not a threat to society.  He is a kind and gentle person who would never intentionally harm another person. Humans are not perfect.  We all make mistakes throughout our lives.  It is so wrong to put Roger away for 27 years for basically making a human error.

Again, this petition in no way intends to malign Detective Mengedoht or the LMPD.  The city of Louisville and LMPD lost a fine officer.  Detective Mengedoht’s family lost a loving daughter, sister, and mom.  While Roger’s situation in no way compares to the loss experienced by the Mengedoht family, he and his family are suffering as well in the aftermath of this accident.  Roger has two daughters that no longer have a dad in their life.  At age 65, Roger will most likely die in prison before completing the current sentence.  This punishes Roger and the Burdette family for sure, but it still will not bring back Detective Mengedoht.  

Roger has been a model prisoner during his incarceration in terms of behavior and rules compliance.   He is also striving to better himself by taking educational/vocational classes and regularly attending church services.  He spends a lot of time reflecting on what all happened and vows to be a better, more positive influence on society if given a second chance.  If ever a man deserved a second chance, it’s Roger.  If ever there was a case justifying the authority for governors to grant sentence commutations, it’s this case.

Please support this petition and help Roger get a more reasonable prison sentence.

962

The Issue

This petition is directed to KY Governor Andy Beshear requesting him to commute Roger Burdette’s 27-year sentence to timed served.  As most people know, Roger Burdette was the MSD semi-truck operator that struck LMPD detective Deidre Mengedoht on Christmas Eve 2018.  Tragically, Detective Mengedoht perished in the accident and Roger Burdette was subsequently convicted of murder and wanton endangerment.  Roger has completed 5 years of this sentence to date and will have completed 9 years by the end of Governor Beshear’s second term.

Before going any further with this petition, it must first be stated that we all have the utmost respect for Detective Mengedoht and the LMPD.  She and her fellow officers put their lives on the line daily for our benefit.  By all accounts, Detective Mengedoht was a wonderful person.  She will be missed dearly by her loved ones and this community.  This was a tragic accident that should have never happened.  While this petition is primarily focused on Roger Burdette, the damage done to her family cannot be ignored.  

The prosecution was able to obtain the murder conviction based on two main points litigated during the trial.  They claimed that Roger Burdette was under the influence of a non-prescribed drug and was watching a pornographic movie while driving.

Roger Burdette did not refute the charge of taking an unprescribed narcotic. Like so many Americans, he became dependent on a drug prescribed after a shoulder surgery that he could no longer obtain a prescription for. However, he took this drug several days earlier and not the day of the accident.  The blood test revealed only trace amounts in his system and there was no way of determining what effect, if any, it had on his driving ability.  Co-workers testified that he appeared completely normal at the workplace prior to setting out on his route.  There was also testimony from first responders stating that Mr. Burdette was functioning normally at the crash site despite dealing with the shock of what just happened.

LMPD conducted a forensic analysis of his cell phone and determined that a pornographic movie was playing during the moments leading up to the crash.  Roger admits to watching a movie previously that day.  However, he maintains that he was not watching it while driving his vehicle.  As we all know, cell phones have several apps running at once and they keep running until each one is individually closed out.  The forensic analysis has no way of determining where the phone was positioned in the truck or where the driver’s eyes were looking at the time of the accident.  Our prisons would be completely full if we handed out sentences like this for every driver who had an accident while suspected of misusing a phone.

Many believe that the jury failed to properly consider the most significant factor figuring into this crash.  Detective Mengedoht pulled over a vehicle in the area directly under the downtown Belvedere – an area very dark in contrast to an overall bright sunny day on December 24, 2018; and more importantly, in an area where there was not room to completely pull off the road.  Her vehicle and the vehicle she pulled over were both sticking out in the right lane requiring expressway traffic in that lane to have to switch lanes to avoid a collision.  Video shown in court revealed that several vehicles did not see her unmarked car until very close to it.  There was one car that had to come to a complete stop in the right lane of the expressway before moving over to the left lane.  This was extremely dangerous.  It is hard to believe that the police do not have procedures prohibiting a traffic stop in such dangerous conditions.  Prosecutors would have everyone believe that Mr. Burdette’s actions are solely to blame for this accident.  While it’s definitely easier to pin this entire accident on Roger Burdette, an accident like this WILL happen again if LMPD continues to pull over vehicles in this manner.

To further support just how harsh of a sentence he was given requires no more than a quick look at other similar cases in this community.

The first one occurred in 2019 when LMPD officer Zach Cottongim pulled off of I-64 to process an abandoned vehicle—except he was in an area where he could pull completely off the road.  A driver failed to see him and crashed into him.  Officer Cottongim died later that day.  No information was ever provided about results of any blood tests and/or a phone analysis on that driver.  It does not appear that these checks even took place.  No charges were ever filed.  In fact, the driver’s name was not even mentioned in any news report.  Why was this driver treated so very different from Roger Burdette? 

Another case was in 2022 where a woman killed off-duty Shelbyville police officer Thomas Elmore in a hit and run accident.  She was speeding, had no insurance. and left the scene of the accident.  She was sentenced to four years of probation.  No prison time.  Again, why the disparity in justice?

Even in cases where intentional, violent criminal action takes place, sentences this long aren’t being handed out. Prison should be reserved for people who pose a threat to society.  If you know Roger Burdette, you know that he is not a threat to society.  He is a kind and gentle person who would never intentionally harm another person. Humans are not perfect.  We all make mistakes throughout our lives.  It is so wrong to put Roger away for 27 years for basically making a human error.

Again, this petition in no way intends to malign Detective Mengedoht or the LMPD.  The city of Louisville and LMPD lost a fine officer.  Detective Mengedoht’s family lost a loving daughter, sister, and mom.  While Roger’s situation in no way compares to the loss experienced by the Mengedoht family, he and his family are suffering as well in the aftermath of this accident.  Roger has two daughters that no longer have a dad in their life.  At age 65, Roger will most likely die in prison before completing the current sentence.  This punishes Roger and the Burdette family for sure, but it still will not bring back Detective Mengedoht.  

Roger has been a model prisoner during his incarceration in terms of behavior and rules compliance.   He is also striving to better himself by taking educational/vocational classes and regularly attending church services.  He spends a lot of time reflecting on what all happened and vows to be a better, more positive influence on society if given a second chance.  If ever a man deserved a second chance, it’s Roger.  If ever there was a case justifying the authority for governors to grant sentence commutations, it’s this case.

Please support this petition and help Roger get a more reasonable prison sentence.

The Decision Makers

Andy Beshear
Kentucky Governor

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Petition created on January 24, 2024