SPRINGFIELD, Ill. (WAND) — Richard Burns said that thirteen years after losing his brother Patrick, the truth is finally coming out.
"I'll always have that guy's back," Richard Burns told WAND News.
Patrick Burns died in 2010 after an altercation with Sangamon County Sheriff's Deputies. At the time, the county coroner had reported his cause of death as Excited Delirium. This week, the current county coroner is issuing a new death certificate and reporting that Burns actually died by homicide.
"I guess the reason I didn't give up is because I strongly believed in my heart, the truth wasn't being told," Richard Burns explained.
He was living in Florida in 2010, when Patrick's girlfriend called.
"She told me that he had been involved in an altercation with police, and she was very concerned," he said.
Burns thought it was out of character for his outgoing and charismatic brother, who worked for the state as an auditor.
"When we got here and we saw Pat was on life support, and we ended up—as a family—making a decision as a family several days later, to remove life support," Burns told WAND News.
The Burns family eventually learned, Patrick was having a mental health emergency, and using cocaine, that fateful day.
"He was convinced that his life was in danger and he left his home, with no shoes or socks on, just boxer shorts and a t-shirt, and went to a neighbor's home," Burns explained.
The neighbor, who knew Patrick, told officers he began banging on her door around 6:00am, and forced himself inside when she answered. She said Patrick attacked her, and she told her son- and another child visiting their home- to lock themselves in the basement and call police. She was able to shove him out of her door. Patrick then continued banging on the door and shattered a window, before deputies could arrive.
When deputies arrived, Patrick told them he had smoked marijuna, crack cocaine and other substances. While waiting for EMTs to arrive, deputies said Patrick tried to stand-up. When they instructed that he remain sitting down, he punched a deputy in the stomach. Deputies report there was a struggle as they tried to get control of him. Deputies warned him several times he would be tased unless he stopped resisting. They then deployed their tasers 21 times. Deputies report they were unclear how many probes hit Patrick, as he was rolling on the ground. His hands and feet were then bound behind him with handcuffs. EMTs then arrived and transported him to the hospital where he died.
"The cause of death that was listed initially on the death certificate 'excited delirium,' was something that the National Association of Medical Examiners took a stance on in March of this year and they basically said it's not an acceptable cause of death," Jim Allmon, Sangamon County Coroner, told WAND News.
With this new guidance, and a request from the Burns family to review the case, Allmon sent the autopsy and evidence to two forensic pathologists. They agreed with a private autopsy the Burns family had done in 2010. Patrick died from brain damage due to a lack of oxygen because he was restrained on his stomach.
"We've learned a lot about what it does to the body when they're placed in positions when it compromises their airways and their breathing," Allmon said.
Allmon has now declared the manner of Patrick's death a homicide. This new ruling finally bringing some closure to the family the fought for the truth.
"When your older brother helps you so much in life— I wouldn't be the man I am without him," Burns said.
The Burns family did file a wrongful death lawsuit. In 2015 a U.S. judge issued a partial summary judgement in favor of the Sanagmon County Sheriff and his deputy. The judge also denied other claims the Burns family made against the EMTs who transported Burns, the sheriff and his deputies.
The judge did not rule on the actions of the deputies and EMTs who were responsible for Burns once he lost conciousness. Those portions of the legal case were later dropped by the Burns family.
They are now asking the state's attorney to take a fresh look at the case.
Dan Wright, Sangamon County State's Attorney released this statement:
“While the Coroner’s amendment of the death certificate is appropriate, the Illinois State Police investigation of the underlying facts has been and remains the same since 2010. Tragically, the combination of a mental health crisis exacerbated by use of crack cocaine, marijuana, and prescription drugs resulted in Patrick Burns’ commission of a violent home invasion and assault upon a neighbor with children present in the home. This course of conduct extended into the aggravated battery of a responding Sangamon County Deputy upon arrival to the scene and Mr. Burns’ violent resistance against completely justified attempts by multiple deputies to neutralize a clear and present threat to public safety. They placed their own lives on the line to protect the public.
Any death classified as a “Homicide” by the Coroner under standards established by the National Association of Medical Examiners does not equate to a legal determination that an act of murder, manslaughter, or other crime occurred. That is a matter reserved for an entirely separate legal determination through application of criminal law to the facts contained in law enforcement’s investigation. My predecessor, then State’s Attorney John Schmidt, reviewed the ISP investigation in 2010 and correctly concluded the deputies’ actions were justified under the totality of the circumstances. His legal determination was not premised upon any information reflected by the initial death certificate. Likewise, the recent amendment of the death certificate does not change what occurred that tragic day in January, 2010. The uncontroverted evidence demonstrates that the Sangamon County Deputies’ entirely justified actions that day did not constitute a crime under Illinois law.
I personally reviewed the ISP investigation both before and after the current Coroner’s appropriate amendment of the death certificate and concur with State’s Attorney Schmidt’s findings reflected in his March, 2010 correspondence to the Illinois State Police. I reached out to the Burns family in January, 2023 and last week, both before and after amendment of the death certificate, to address any questions or concerns regarding the status. I have not received a response, but remain willing to follow through. Both the family of Patrick Burns, his victims, and law enforcement were deeply traumatized by this incident and public officials owe all involved the transparency and proactive communication we have offered.
You can read the report from the Sangamon County State's Attorney, John Schmidt, who determined- at the time- that the deputies' use of force was justified, here:
WAND News will continue following this developing story.
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