Burdette allowed to stay out of jail until sentencing for crash that killed LMPD detective

LOUISVILLE, Ky. (WDRB) -- The man convicted of murder in the death of Louisville Metro Police Detective Deidre Mengedoht remains out of jail — for now.

Roger Burdette is being allowed to remain on home incarceration. Judge McKay Chauvin ruled Wednesday morning that Burdette is not a flight risk, so he can remain out of jail until he's sentenced.

Burdette, 63, is now a convicted felon after a jury found him guilty of murder late Tuesday night in the crash that killed Mengedoht.

On Christmas Eve 2018, he slammed his MSD tanker truck into Mengedoht's cruiser on Interstate 64 while impaired by drugs and watching pornography. The jury also found Burdette guilty of other charges, including wanton endangerment. It recommended a sentence of 27 years.

At a bond hearing, Burdette's attorney argued that Burdette should be allowed to return to home incarceration after spending the night in Metro Corrections following the verdict.

"Roger Burdette is not somebody who needs to be taken off the street and is dangerous," Ryan Dischinger said. "Nobody's going to give him a tanker truck. He's not going to be driving down the road. He hasn't driven in two-plus years."

The prosecution argued Burdette should be behind bars because of the seriousness of his crime, because he's a flight risk and has a history of poor judgment.

"Although he may not repeat this exact same offense, it doesn't mean he's not going to do something else that is foolish and can jeopardize other people in the community," Assistant Commonwealth's Attorney Kristi Gray said.

Chauvin sided with Burdette but admitted it was a tough decision.

"I think in a case like this — and there aren't many like this — I would be comfortable releasing anyone under the same or similar circumstances, but it doesn't mean it's a good idea," Chauvin said. "This could go horribly wrong. And if it does, it does have serious consequences. If I thought there was a substantial likelihood it would, I wouldn't do it. So I'm taking a calculated risk that this is appropriate, and I'm relying on Mr. Burdette and his family to make sure I'm right about this."

Chauvin said his biggest concern is that Burdette will harm himself, not someone else.

Gray was disappointed with the decision.

"Deidre Mengedoht's family and loved ones are going to have a hard time understanding that," she told reporters. "But it's simply part of the process."

Neither Burdette's attorney nor his family would comment after the hearing.

Burdette will be sentenced on Dec. 17, a little more than a week shy of the third anniversary of Mengedoht's death.

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