Burgdoff

By Shavonne Potts

spotts@salisburypost.com

Jury selection began Monday in Rowan County Superior Court for a Jamestown man on trial for the death of an 8-year-old China Grove girl.

Ross Edward Neese, 27, faces charges of second-degree murder, driving while impaired and two counts of felony serious injury by vehicle in the death of Patricia Eleanor "Patty" Burgdoff.

One of the charges Neese faces — serious injury by vehicle — was a new felony put into law seven days before Patty was killed.

Before potential jurors were brought into the courtroom, visiting Superior Court Judge Susan Taylor, of Stanly County, presided over a short hearing to address the admission of blood tests.

On Dec. 8, 2006, Patty was a passenger in a Toyota Corolla that police say was struck by Neese's car. The impact pinned the young girl inside the car. She was wearing a seat belt but died instantly.

At the time of the wreck, witnesses told police they saw Neese, then 25, driving erratically and speeding down U.S. 29 in China Grove, near Gary's Barbecue. He struck the back of the Toyota with his Ford Explorer.

Patty and best friend Justen Morgan, who was 7 years old at the time, sat in the back of the car. Justen's mother, Shania Thompson, was driving, and her husband, Michael Thompson, was a passenger in the car.

Michael, who everyone calls Mike, had multiple fractures in his spine, two ribs and neck. He also had a stent placed inside his heart.

Justen had a dislocated hip, fractures in his skull, palate, eye socket and a concussion. He also experienced double vision for six weeks.

The only injuries Shania, who was 7 months pregnant, suffered were two bruises across her lap from the steering wheel that she bent from squeezing it so hard.

Rowan Assistant District Attorney Michael Van Buren questioned the doctor who saw Neese in the emergency room the night of the collision.

Dr. James Gregoire, a Rowan Regional Medical Center emergency room physician, testified that he saw Neese around 7:40 p.m. that night.

He said doctors administered multiple tests, including blood drawn, to determine if Neese was under any impairing substances.

Gregoire said paramedics believed Neese was impaired and he smelled of alcohol.

Neese's attorney, Greensboro's Horace Kimel, questioned who took his client's blood.

The doctor said that information was not contained in his notes, but could be found in the nurse's notes, which Gregoire did not possess.

Neese's other attorney, Kearns Davis, with Greensboro firm Brooks, Pierce, McLendon, Humphrey & Leonard, requested exclusion of the blood test results but inclusion of the results from the State Bureau of Investigation.

"We don't have questions of the testing, but we're not sure it's Mr. Neese's blood," Davis said.

Van Buren said he had other witnesses who could attest to who drew Neese's blood.

Judge Taylor advised Van Buren to get those witnesses to court as soon as possible.

Neese's attorneys also wanted to keep out evidence that might suggest their client showed a lack of remorse.Van Buren said it was not his intent to discuss whether Neese showed a lack of remorse, but instead to show malice.

"There are statements he made at the hospital that might be seen as a lack of remorse," he said.

Kimel also said his client may concede guilt to certain elements or certain crimes.

Taylor accepted that statement and noted for the record that neither Neese nor his attorneys specified which crimes.

"Do you agree with what your attorneys proposed to you?" Taylor asked Neese.

"Yes, ma'am," he said.

Once potential jurors were seated, Judge Taylor informed them the trial is slated to take two weeks and it could possibly mean meeting for a Saturday court.

The trial resumes today at 8:30 a.m. in Superior Court.

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