By Shavonne Potts
spotts@salisburypost.com
A man charged with driving drunk and causing a collision that killed an 8-year-old China Grove girl pleaded guilty to second-degree murder Wednesday morning in Rowan County Superior Court.
Ross Edward Neese, 27, will serve a maximum of 14 years for the death of Patricia Eleanor “Patty” Burgdoff and causing serious injuries to others in a car with Burgdoff.
On what would have been the third day of his trial on the charges, Neese accepted what’s known as an Alford plea. In an Alford plea, the person charged does not admit guilt but acknowledges there is sufficient evidence to convince a jury of his guilt.
On the night of Dec. 8, 2006, police said, Neese drove drunk on U.S. 29 and smashed his Ford Explorer into the Toyota Corolla in which Burgdoff was riding.
Burgdoff was pinned inside and her body crushed. She died on impact.
Two other passengers were injured in the collision in front of Gary’s Barbecue. They included Patty’s best friend, Justen Morgan, who was then 7.
Justen’s mother, Shania Thompson, was driving the Corolla. Thompson’s husband, Michael, was in the front passenger’s seat. Michael and Justen suffered multiple fractures.
As part of Neese’s plea agreement, he received nearly eight to more than 10 years in prison for second-degree murder in Patty’s death, 20 months to two years for two counts of felony serious injury by vehicle and two years for driving while impaired.
The sentences will run consecutively.
Since Neese had no substantial prior record, his sentence was in the range for a person without a criminal past. He is serving the maximum allowed by the law.
The trial began Monday with jury selection. Several witnesses took the stand Tuesday and testified Neese was highly intoxicated.
The witnesses included a former co-worker who said he, Neese and two others had been drinking that Friday night.
Assistant District Attorney Michael Van Buren said if the trial had continued, he would’ve had experts testify to Neese’s blood-alcohol content.
He said at the time of the collision Neese’s blood-alcohol content was .21, nearly three times the legal 0.08 limit.
In a second reading, Neese’s blood-alcohol content was 0.16.
Patty’s mother, Cindy Burgdoff, told visiting Superior Court Judge Susan Taylor about the life she’ll live without her daughter.
“I have lived the last two years with something I never thought I’d have to,” she said.
As a mother, Burgdoff said, she had hopes of seeing her daughter graduate from high school and college and later attend prom or get married.
She said Neese “killed something inside me,” when he caused the wreck that killed Patty.
In a soft voice, Patty’s older sister Danielle told of how much she missed her little sister.
“It’s been really hard. It’s because of one person’s stupid choice my sister is not here,” she said.
Judge Taylor asked Justen, who sat between his mother and father, Jerry Morgan, if he wanted to speak.
The young boy shook his head no. Taylor asked Justen if he was sure. He shyly shook his head no.
Neese’s attorney, Horace Kimel, of Greensboro, said his client had always accepted responsibility for the accident and driving impaired.
Kimel said Neese has suffered from post-traumatic stress disorder.
He asked that Neese receive psychological treatment while in prison.
Kimel pointed to at least 50 letters from family and friends who wrote about what a great friend and neighbor Neese was to them.
“I know from dealing with Ross he’s taken this hard. He doesn’t sleep well,” Kimel said.
Kimel called the accident a terrible tragedy. He added that if his client could change anything, he’d change that day. Neese, the attorney said, wishes he could’ve died that day.
Greensboro’s Kearns Davis, Neese’s other attorney, also said his client told him he wishes every day it had been him that day who died instead of Patty.
He said Neese’s behavior throughout the whole ordeal has shown he regrets what he did that day.
Neese stood, crying, and turned to the Burgdoff family to apologize.
“I’m sorry. I can’t imagine what you’re going through,” he said.
Sometimes inaudible through his sobs, Neese said he wished the best for the Burgdoffs.
“I am sorry for what has happened. I have three grandchildren,” said Robin Neese, Ross Neese’s mother.
Robin Neese said she doesn’t know how the Burgdoffs could “live without their little girl.”
“I can’t imagine what they feel,” she said. “I pray that God would give them some peace and strength.”
Some of what Robin Neese said could barely be heard because she was crying so hard.
Many others in the courtroom also cried, including Patty’s family and Neese’s family.
Neese’s grandfather, the Rev. David Neese, stood to address the court.
David Neese asked for mercy for his grandson. He acknowledged Ross had made a bad choice and had done some bad things.
David Neese expressed his love and concern for the Burgdoffs.
Following court, the Burgdoff family seemed satisfied with the outcome.
Cindy Burgdoff, Patty’s mother, said she was just glad she got to say what she’d wanted to say.
“It’s lifted off my shoulders,” she said.
“It’s a little bit of closure,” Donnie Burgdoff said.
Donnie explained that when he and his family spoke that morning with Van Buren, the assistant district attorney, they were not willing to accept anything less than Neese serving time for each infraction.
He said the original offer was for Neese to serve all of his sentences simultaneously instead of each sentence back-to-back.
“We wanted Mike and Justen to get some justice,” Donnie said.
“He will never know what he put this family through,” said Joe Morris, a cousin.
Another cousin, Amber Rasbach, said she understands the Neeses are hurting.
“They’ve lost a son. They can see him again. We can never see Patty again,” she said.
Patricia Burgdoff, Patty’s grandmother, who Patty was named after, said the family lost a very special girl.