Burke pleads guilty, admits probation violation

Dylan M. Burke, born in 1997, pleaded guilty to DWI as a persistent offender and second degree endangering the welfare of a child during the Oct. 8 session of Ozark County Circuit Court. By entering the guilty pleas, he admitted to a probation violation from a 2023 guilty plea to possession. 

Burke was sentenced to four years in the Missouri Department of Corrections, SES, five years probation and completion of DWI court on the DWI charge. He was sentenced to 30 days in the Ozark County Jail, SES, and two years probation for the endangerment charge. An SES, or suspended execution of sentence, means Burke was sentenced to the prison term but was placed on probation. He will not go to prison unless he violates the terms of his probation.

Burke was arrested Oct. 3, 2024, by Tpr. Edens of the Missouri State Highway Patrol following a traffic stop along Highway 160 east of Gainesville school.

According to the probable cause statement prepared by Edens, he was patrolling the highway when he “observed two vehicles headed eastbound toward my location. I checked the lead vehicle’s speed and determined it to be 55 mph. Suddenly a silver pickup pulled around, traveled into my lane and passed the vehicle traveling at 55 mph. I activated my patrol vehicle’s emergency equipment and initiated a traffic stop on the vehicle. It pulled onto the eastbound shoulder and stopped. 

“I approached the vehicle and contacted (Burke)…Dylan appeared very nervous and was speaking slowly and slurring his words. I also noticed his eyes appeared glassy. I asked Dylan why he was going so fast and he reported he was trying to get his daughter back to grandma’s house. During this time, I began to smell the odor of intoxicants coming from his breath. The vehicle had three other occupants, two adult females and one minor child.”

Edens conducted a computer check which revealed Burke was on probation.

“I returned to the vehicle and asked Dylan if he had anything illegal in the vehicle. Dylan reported he had some alcohol in the vehicle which the backseat passenger implied was hers and she had been drinking.”

With Burke’s permission, Edens searched the vehicle and found several small alcohol containers, including a package of small shooters that had been opened.

“I asked Dylan if he had anything to drink. He implied only his wife had been drinking and he had not. I told Dylan that I needed to be sure he had not been drinking to which he implied maybe a little bit. Dylan was given a preliminary breath test which indicated is blood alcohol was .155% I administered a series of field sobriety tests to Dylan away from the vehicle occupants and I could smell a very strong odor of intoxicants coming from his breath.”

Edens arrested Burke on charges of driving while intoxicated.

“During transport to OCSO Dylan’s demeanor was very inconsistent he would cry very dramatically, then become silent and belch. I asked Dylan if he was going to throw up and he indicated he would not.

“Due to the negligent action of the father driving intoxicated and excess speeding and the mother being intoxicated and willfully allowing the child in the vehicle a hotline report…to child services was made for the safety and well being of the 3-year-old child in the vehicle.”