Burgess' lawyer, D. Scott Cummins, of Newnan, said Saturday that his client would likely be charged with vehicular homicide. It would be worse for Burgess if lab tests being conducted on his blood indicate he was impaired by his medication. He would face a felony homicide charge rather than a misdemeanor charge, Cummins said, and a far stiffer sentence if convicted.
"Either way, he can get prison time. It's a sad situation; there's no winner here," Cummins said.
Burgess is a general manager with a Fortune 500 company that deals in scrap iron and had just left a company meeting in Atlanta before the 5:15 p.m. crash, Cummins said. The lawyer said people who attended the meeting and saw Burgess climb into his truck afterward told him Burgess was not impaired. Cummins said his client takes Adderall for a diagnosis of Attention Deficit Hyperactivity Disorder.
Cummins said Burgess caused the crash but was not under the influence of anything.
"He and his parents are just as distraught as they can be over what happened to Mr. Moore and Trooper Kight," Cummins said. "It was a serious accident, but it wasn't a DUI."
Cummins said the actual cause of the crash was likely fatigue. He said Burgess "may have, just for a second, nodded off."