Before her husband shot and killed two people, June 21, 2019, started off just like any other day, Lynn Burnett testified Monday.
Jon Burnett, 63, of Orangeville Township, is being tried by a Barry County jury for 35 felony counts, including two for open murder and one of unlawful imprisonment, in the deaths of his neighbor, Gary Peake, 73, also of Orangeville Township, and Bryce Nathan DeGood, 21, of DeWitt.
Burnett’s trial started Monday, under general social distancing guidelines in Barry County District Court.
Judge Michael Schipper, who is presiding, said the court is not bound by Gov. Gretchen Whitmer’s executive order that restricts occupancy to 10 people in a room. The case has been approved to move forward by the Michigan State Supreme Court.
Jury selection took place at the Barry Expo Center, where 120 prospective jurors were called and interviewed; 12 jurors and two alternates were seated.
Limited public seating is available in courtroom, and the trial is being streamed live on YouTube so the public may observe it on the Barry County Trial Court 56B District Court channel.
During opening arguments Monday, Barry County Prosecuting Attorney Julie Nakfoor Pratt said Burnett’s anger at the world and life in general boiled over June 21, before he shot and killed both men.
Defense attorney Gordon Shane McNeill said the defense does not dispute that Burnett shot and killed Peake and DeGood. But, McNeill said, he did not intend to do so, and was acting in self-defense.
“We submit Jon believed he was justified as to each altercation,” McNeill said.
Regardless of what the witnesses saw, or think they saw, none of them know what Burnett was thinking, he said.
“Did he choose to act, or simply did he act and react?” he asked the jury during his opening statement. “Jon Burnett shot and killed Gary Peake and Mr. DeGood. He did not murder them. In his mind, he was justified in what he did.”
“Jon Burnett was not – and is not – a murderer.”
Lynn Burnett, the first to testify, recalled that many things had been going wrong for her husband in the weeks and months prior to the day when the two men were killed.
“I think he was just mad at the world, because everything was going wrong for him,” she said.
Burnett had been to the doctor the previous day for chronic fatigue. The couple had been grappling with medical expenses from when Burnett had fallen down the stairs the previous March. He had been complaining about the newer, younger employees at his job, who didn’t seem to take their work seriously.
That morning, he had been talking about retiring early, Lynn Burnett recalled.
The couple also was anticipating another development that day: Erin Schrepper was stopping by to pick up her belongings from their house, and that was a point of contention for the Burnetts.
Schrepper’s parents, both of whom are deceased, were their longtime friends, Lynn Burnett said. Schrepper had lived in Oregon for a while and, when she came back to the Michigan in the fall of 2018, she had asked to stay at the Burnett's house for the weekend.
She ended up staying there for six weeks, before the Burnetts kicked her out, Lynn Burnett testified.
Around that time, the Burnetts sold Schrepper a car, but the title and insurance were never officially transferred into Schrepper’s name.
Schrepper had said the car was later stolen, and the thief drove it into a utility pole, while attempting to flee from police in Kalamazoo. Since the car was still legally in the Burnetts’ name, they were sued by Consumers Energy for more than $11,000. Lynn Burnett said she and her husband were not happy about the lawsuit, which is still pending.
What made the situation worse, she told jurors, is that Schrepper was not helping them take care of it.
Schrepper eventually went to a rehab facility in Grand Rapids, where she stayed for a number of months.
During that time, Lynn Burnett testified that she told Schrepper she wanted the belongings the Schrepper had left in her pole barn to be removed.
“I told her to come get her stuff out of the barn, or I was going to burn it,” Lynn Burnett said.
Around 1:45 p.m. on June 21, Schrepper arrived at the Burnetts’ house with two other women from the facility, Amanda Nelson and Domonique Franklin, to pick up the items. All three women testified Tuesday.
The items were in a pole barn, and the women backed up the van to the barn, and started loading their items.
“It was tense, very tense,” Lynn Burnett testified.
Yet the encounter was cordial at first, she said.
Jon Burnett gave Schrepper a hug, and told her he was proud of her for going to rehab, she said.
“He was trying to be friendly, but I knew it wasn’t a friendly visit,” Lynn Burnett said.
Both Schrepper and Nelson said Burnett appeared to be intoxicated. He was unsteady, his speech was slurred and his eyes were glassy, they said.
Franklin said she smelled whiskey on him, and saw him drinking brown liquor.
Nelson said he seemed “like a grumpy old man,” and was mumbling under his breath.
But they weren’t uncomfortable at first.
At one point, Burnett offered them something to drink.
Although the women's testimony didn’t agree on the exact wording, they remembered a similar statement: “You b------s want a beer?” Nelson recalled.
They told him they couldn’t have beer, but Franklin said Jon Burnett gave her a soda.
Lynn Burnett testified that she told her husband to go back inside. They didn’t need any more help, she explained during her testimony.
Nelson said she noticed that Burnett had grown “more grumbly.”
“He didn’t seem happy about the situation, but I couldn’t tell exactly why,” she said.
When he came back outside, “something was different,” Nelson said. When Burnett walked by her, she said she immediately felt uncomfortable.
“His eyes were soulless,” she said.
The women finished packing the van, although some items could not fit, and had to be left in the barn. They were ready to leave, but paused while Schrepper smoked a cigarette.
Burnett had gone back inside the house, then he came outside again.
Lynn Burnett said her husband had her pink and black handgun. He held it up in the air and yelled, “All right, I want you b-----s off my property now.”
The other women remembered Burnett saying something else: “Get these b------s out of here before I kill 'em,” Schrepper said.
But, according to their testimony, they weren’t immediately alarmed. Schrepper said she didn’t take it seriously, until she heard Lynn Burnett yell at them to get out of there.
“You could hear the seriousness in her voice,” Schrepper said.
Nelson said she did not know Lynn Burnett, but the tone in her voice was unmistakable. “I think if I heard anybody yell like that, I would know that it was danger.”
They testified that they immediately got in the van, and drove away.
As they did, the women saw Lynn and Jon Burnett fighting, as if they were struggling over an object the women in the van couldn’t see.
Nelson recalled hearing Lynn Burnett yell, “Jon, don’t!”
Franklin said she saw Lynn Burnett grab her husband’s arms, as if she was trying to stop him from doing something that would hurt them.
Lynn Burnett testified about the struggle. She said when she heard Jon yell at the women she was shocked.
“It’s not really Jon to be that rude to people,” she said. “He’s a mellow guy, and it takes a lot to get him mad.”
She added that the couple has rules in the house, especially about firearms, and Jon was breaking those rules.
“I hit him in the chest really hard and said, ‘What the f—k are you thinking?’ ”
He grabbed her by the throat and pushed her out of the pole barn, she said.
“He said to me, ‘Do you want some of this, b---h? I’ll give you some of this.’ He said, ‘Get on your knees,’ and I knew better than to get on my knees, because I’m thinking, this isn’t right, I figured he would shoot me… I figured I’d probably be dead.”
“I fought with him,” she told jurors. “All I could think was to grab the barrel of the gun to control it.”
She tried to punch him in the throat to disable him, but he blocked her.
“We were face-to-face, toe-to-toe, fighting. I peed my pants. I thought I was going to die.”
Both of them crashed into a truck parked by the barn, when Jon Burnett suddenly stopped fighting and went into the house, Lynn Burnett said.
He had never attacked her before, she testified.
She thought about hiding in the barn, or running out the back door. Instead, she got a Powerade energy drink out of the barn refrigerator, she said.
Then she heard Jon ratcheting her 12-gauge shotgun through the open windows of their house. She went back inside the house, she testified, and saw him at a chair. She grabbed her car key and left. She said she thought he was unloading the small-game rounds from the gun to replace them with something else, she said.
As she was driving away, she saw Gary Peake, a longtime friend, push-mowing his lawn next door. She called a neighbor, worried that if that woman was home alone, her husband might attack her.
“If he attacked me, he might attack anybody,” she testified.
Her friend didn’t answer the phone. But she didn’t think to stop and warn Peake, she said.
Lynn Burnett said she was planning to drive to a friend’s house in Delton. First, she stopped at a gas station and bought two more Powerades. Then she saw a police cruiser in the parking lot of the local township office. She drove up to it, and told the officer she had been assaulted.
They went inside the office, and she told the officer what had happened. As she told him her story, she started to hear police radio traffic discussing the area where she lived.
Eventually, she heard Peake’s name, and she asked the officer what happened. He told her that Peake was dead. “I thought, ‘Jon, what have you done?’ ”
In the time from when Lynn Burnett had left their house to when she heard the radio traffic, numerous people encountered Jon Burnett alongside the road.
Ten of them testified in court Tuesday about what they had seen.
Keith Ramsey testified he was driving on Lindsey Road, when he saw a man with a shotgun walking in the road.
Ramsey was unable to identify Burnett in the courtroom as the man he had seen. The prosecutor later pointed out that Burnett had shaved his beard and hair since the incident. He also was wearing a mask in the courtroom.
Ramsey told jurors that the man in the road had a blank stare, was walking “jittery” and unstable.
“I thought it was real strange,” he said.
A little further on, Ramsey saw DeGood walking south on Lindsey Road, in Burnett’s direction.
DeGood worked for a tree service company, and was walking along the utility lines to mark trees that were too close.
“Something inside me said it just doesn’t look good,” he said. “I regret not stopping.”
He thought about it the rest of his drive home, Ramsey testified.
Lansing resident Michael Geist testified that he drove on Lindsey Road that afternoon, and saw both Burnett and DeGood standing by the road talking to each other.
Tracy Schisser and her son Garrett arrived at the intersection of Lewis and Lindsey roads a little later. When they came to a stop, Tracy said she saw DeGood, standing by the road, facing her car, with Burnett right behind him.
She saw Burnett’s hand reach up, inches from DeGood’s back and she heard two gunshots. DeGood fell forward, onto his stomach. She saw Burnett saying something, but she couldn’t hear what it was.
“I said to my son: 'That man just shot that boy,' ” Schisser testified.
She told jurors she heard one more shot, and DeGood got back up. He immediately put his hands up, she recalled.
“The young man’s eyes were huge, and he was looking at us,” Schisser said.
Pratt asked what DeGood’s expression was.
“Fear,” Schisser answered, her voice starting to break. “He was terrified.
“In my eyes, he was a child – and he was scared.”
Tracy Schisser described how Burnett had leaned to the side, and looked at them in the car. She couldn’t see a gun, but she believed that he pointed one at her and her son.
Garrett Schisser, who was 16 at the time, testified he could see blood on DeGood’s face.
And he could see the pink gun. He said he couldn’t hear what Burnett was saying, but it appeared that he was speaking to them. It looked like he was telling them to leave.
“He seemed angry,” Schisser said.
His mother was frozen. Garrett said he told her twice, “Mom you have to drive,” but she didn’t respond.
He touched her, and that got her attention, he said.
“I guess I was froze in that moment because I wasn’t just seeing any other young man,” Schisser said. “I was thinking that could be my child right there staring back at me.
“But on the other hand, as soon as my son said, ‘Mom, you have to drive,’ it clicked, and I thought, 'My child is with me.' ”
She hit the gas so hard the books on her dashboard fell onto the steering wheel and she lost control for a moment. She told her son to call 911. Garrett said he didn’t have enough cell service, and the call wouldn’t go through.
They kept driving for about a mile, until Schisser pulled into a driveway and called 911. The dispatcher seemed to already know what was going on.
Barry County 911 dispatch had many calls that afternoon about the corner of Lewis and Lindsey Roads. By the time Schisser was getting ready to back out of the driveway where they had stopped, emergency vehicles were already driving past.
Geist, who had seen Burnett and DeGood talking earlier, happened to drive past again. He saw DeGood’s body on the side of Lewis Road. He was lying by the side of the road, on his stomach, with his arms outstretched.
“I saw a bunch of blood on his head and on his face,” Geist said.
As he drove past, he said he saw Burnett approach DeGood’s body, kick it, and then reach down, as if to grab something.
Geist arrived at his friend’s house nearby. He started to tell his friend what happened, when he heard six or seven gunshots. He jumped back in his truck and drove back to where he saw the body, but it was no longer there. As he drove a bit further, he testified that he saw the body in a new place, still alongside the road.
He saw another vehicle, which jurors learned belonged to local resident Daniel Robinson, that was stopped near DeGood’s body.
Geist stopped and got out. He testified that Burnett approached him, and pointed the pink handgun at him.
“He told me to leave or he was going to shoot me, and he followed me all the way to my truck with the gun in my face.”
Geist said the gun was 3 to 4 inches from his face.
“I thought I was going to die,” he said, tears in his eyes.
Robinson said, when he stopped, another vehicle, driven by a woman, was pulling away from the scene. His windows were down and he heard Burnett tell the woman to leave or he would shoot her.
Robinson had four of his grandchildren in the vehicle with him, all of whom were under the age of 10. He saw DeGood’s body, and wanted to help, but Burnett wouldn’t let him, Robinson said.
Burnett approached the driver’s side of the vehicle and held the gun inside the front and back windows, pointing it at Robinson and his grandchildren.
The kids were screaming, but Burnett said nothing, and Robinson said nothing.
“I thought he was going to shoot us,” Robinson said.
Slowly, he drove away.
He tried to call 911, but wasn’t able to make the call. “I couldn’t get my phone to work, I was too nervous,” Robinson said.
Pratt asked him how he had been affected by the incident.
“I still have a rough time,” he said, adding that both he and his grandchildren have struggled with feelings of paranoia since the confrontation.
Joseph Powell said he saw DeGood’s body by the side of the road, and stopped to see if he could help. Burnett came toward him and told him to get out of there.
Powell said he started to panic.
Pratt asked him what he was thinking at the time.
“There was no thinking,” Powell said. “I was kind of flipping out.”
Pratt asked why.
“The look in his eyes,” Powell replied.
He said he tried to put the van in gear, but it stalled. That’s when Burnett started shooting at him, Powell said.
Burnett shot three times, he recalled. One bullet hit his tire, and a second ricocheted underneath the van and hit the undercarriage.
Gary and Noah Harps testified that they saw DeGood’s body and stopped to see if they could help. They had just passed a man, who they believed to be Burnett, standing in the road. He reached down and picked something up. It looked like a piece of black metal, 3 to 4 inches long, Noah Harps said.
Her husband got out of the car to check on DeGood.
“He’s not breathing,” Gary Harps recalled telling his wife.
Burnett came toward them and started yelling. At first they couldn’t hear him, but eventually something was clear.
“Get back in the car or I’ll shoot you, too,” both of them recalled Burnett saying.
“Did you believe him?” Pratt asked.
“When the shots went off? Yes, I believed him,” Noah Harps said.
Burnett shot four times, the couple testified, but Noah Harps said he didn’t believe he was aiming at them. He was close to the vehicle, but no bullets hit the car.
“I think he was just trying to scare us,” Noah Harps said. “I assumed he wasn’t that bad of a shot.”
Pratt said her case, which consists of 46 witnesses and 76 exhibits, will continue into Friday or Monday. Afterward, attorneys McNeill and Steven Storrs will call witnesses for the defense.
McNeill told jurors that Burnett will likely testify in his own defense
All Rights Reserved | View Newspaper Group