SEDGWICK COUNTY, Kan. (KSNW) — The man accused of killing Sedgwick County Sheriff’s Deputy Sidnee Carter is expected to go to trial.
On Oct. 7, 2022, Carter was heading south on 135th Street West when Kelvin Burgett allegedly failed to stop at a stop sign and crashed into her at 29th Street North.
Burgett is charged with one count of involuntary manslaughter and one count of driving while suspended.
On Wednesday, Judge David Kaufman ruled there is enough evidence to send the case to trial.
Just over one year since the crash, Carter’s friend Caitlyn Payne continues to remember her.
“I couldn’t find any negativity in that little hero,” Payne said.
The two worked together at Bubba’s 33 for about three years.
“She’s always on my mind every day whether it’s the wave of grief, or a little siren, or a Sedgwick County Sheriff’s deputy,” Payne said.
Payne wants people to continue to remember Carter.
“It’s been hard. I go and see her every month,” Payne added.
At Wednesday’s preliminary hearing, the prosecution detailed some evidence against Burgett. An employee from a forensic lab testified that Burgett had THC in his system the night of the crash.
A Kansas Highway Patrol lieutenant testified about what he saw that night at the scene and gave evidence about how fast the vehicle was going when it hit the patrol car.
“We have a vehicle traveling well between 70-85 (miles per hour), depending on which numbers we use, westbound, failing to stop at the stop sign, striking southbound traffic with a vehicle driven by Deputy Sidnee Carter,” said Sedgwick County Deputy District Attorney, Aaron Breitenbach.
Burgett’s attorney argued the crash was an accident and other factors contributed.
“It is not a very well-lit area. It is a two-lane road going each direction, going north to south, east to west. There is a line of trees. There is elevation of the hill coming up prior, and there is evidence to suggest that he was going beyond the speed limit, and unfortunately, accidents happen,” Christopher O’Hara, defense attorney, said.
Carter’s friend said the 22-year-old was taken too soon.
“I need justice for my friend. She deserves it more than anything,” Payne said.
Burgett is due back in court for arraignment on Dec. 8. His trial date is not set.