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April 19, 2011

Cullman man indicted for murder in fatal DUI crash

By Trent Moore The Cullman Times

A Cullman man has been indicted for murder, manslaughter and five other counts in connection to an alleged DUI crash that killed a young girl and severely injured her parents late last year.

Kenneth Burns, 46, of Cullman was indicted on March 31 for murder, homicide by vehicle, manslaughter, two counts of first degree assault and two counts of third degree assault. He was charged with driving under the influence shortly after the crash, and the indictment notes that allegation in the counts.

The charges stem from a Dec. 17, 2010 car accident that killed eight-year-old Hayley Ryan, of Louisville, KY. and injured three others. The crash occurred on U.S. Highway 31 near County Road 1343.

The Ryans’ vehicle exited Interstate 65 and was traveling on U.S. Highway 31, when their car was struck by Burns’ vehicle and overturned, according to reports. A third vehicle traveling behind the Ryans was also involved.

Hayley Ryan was pronounced dead at the scene, and her parents Rick and Julie sustained serious injuries in the crash. Nearly four months after the accident, Julie’s mother Dama Guthery said Hayley’s parents still face a lengthy recovery.

“Julie is doing okay, but still having a rough time of it, because that baby was her life,” she said. “Rick is doing a little better, but he has some brain injuries and is not able to work, so he’s having to go through therapy. It has just been a really tragic thing, and it has been so tough for everyone.”

Hayley’s ninth birthday would have been on April 12, and Guthery said the community has rallied around her family to help remember her granddaughter.

“She would have been nine now, she was just the light of our lives,” Guthery said. “There’s a cross up where it happened, and some folks put up balloons for her birthday, and everyone has just been great to us. We’ve gotten so many cards and letters, even from people who never knew Hayley.”

In addition to the state criminal charges, the Ryan family has also filed a civil suit against Burns.

When reached Monday, Burns’ defense attorney Thomas Drake said his client intends to plead not guilty.

“We have an arraignment coming up, but Mr. Burns won’t be there, because we are going to essentially have a plea of not guilty filed before that,” he said. “After that, the judge will likely set a further pleading date, and if the case is not resolved by agreement, it will be handled at trial.”

Burns said he is currently waiting on some evidence to be provided from the district attorney’s office, which normally occurs after an arraignment date.

“At this time we have not received discovery, nor have we received the department of forensic sciences’ results of any testing, nor have we received the Alabama Department of Public Safety’s report and investigation into the wreck,” he said. “Normally, we don’t receive those until after arraignment, so I assume that will be provided shortly.”



‰ Trent Moore can be reached by e-mail at trentm@cullmantimes.com, or by telephone at 734-2131, ext. 220.

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