INDIAN RIVER COUNTY — Brian Burkeen stood in the courtroom and turned to his wife and mother after getting a 12-year prison sentence in connection with a scheme to resell tires bought with thousands in tax-payer funds.
“I hope it was worth it,” Judge Dan Vaughn said to Burkeen, the former assistant fire chief, before he laid out the sentencing Thursday morning. Burkeen’s wife, Ginger, sat next to him in the audience and appeared to be crying during the proceeding.
Former Indian River County Fire Rescue Assistant Fire Chief Brian Burkeen was sentenced to 12 years in prison Thursday. Investigators said Burkeen stole nearly $300,000 in a tire theft scheme. #VeroNews pic.twitter.com/jXJljOc4Vn
— Nicholas Samuel (@JournalistNickS) July 16, 2020
Burkeen – who was fingerprinted by court deputies, then led away – was given a one-day credit for the day he spent at the county jail. Burkeen was also ordered to serve 18 years of probation following his prison sentence for the nearly $300,000 stolen tire scheme.
The former assistant fire chief has 30 days to make an appeal, Vaughn said. The maximum sentence that Burkeen could have faced was 30 years.
Assistant Public Defender Michelle Rhodeback argued for a four-year sentence, saying that anything over that was “excessive.” Rhodeback told Vaughn the punishment should fit the crime.
“It’s a sad case. No one was physically injured,” Rhodeback said.
Assistant State Attorney Lev Evans counterargued for a 20-year sentence, following five years of probation.
“He used county vehicles to obtain and steal the tires. He ran the (scheme) at the county’s expenses,” Evans said. “He knew if he got caught, he would go to prison.”
After the sentencing, Rhodeback said the case was a “hard case all around,” and that Burkeen was a good person. Evans said he respects Vaughn’s decision and that Burkeen’s actions to date are not consistent with remorse.
Burkeen will be held at the Indian River County Jail until he is transferred to a state prison.
Testimonies
The courtroom heard testimonies from Burkeen’s cousin, friend, and workers compensation attorney, who all dialed in by phone. Burkeen’s cousin, Melodie McGregor, said the former assistant fire chief is a good family man who went above and beyond in his profession.
“People make mistakes. He lost his retirement that he will never get back. He has already been punished,” said McGregor, her voice wavering with emotion, to Vaughn. “I beg and pray for your leniency in the sentencing.”
McGregor told the courtroom that Burkeen’s dad suffered a stroke a few years ago, and that his mother suffers from Alzheimer’s, a memory loss disease. McGregor told Vaughn that Burkeen is the only one who can take care of his parents.
“His parents really do need him,” McGregor said.
Burkeen’s friend, Julie Tisdale, told the courtroom that Burkeen has worked hard his entire life for the community.
In Feb. 2018, Burkeen was recognized for his nearly 30 years of service to the Indian River County Emergency Services District.
Tire theft scheme
Investigators said Burkeen, 57, Fellsmere, fraudulently ordered and picked up more than 1,400 tires – that the county did not need – from two Goodyear shops in Vero Beach. Burkeen then charged the tires to the Indian River County Emergency Services District account.
Burkeen then sold the tires to people he knew through social media postings, and kept the proceeds, authorities said.
Burkeen committed the acts between 2013 and 2018, officials said. Suspicious invoices charged to the fire department’s fleet, and account balances that did not add up were discovered after Burkeen retired from Indian River County Fire Rescue in Feb. 2018, officials said.
The next month, Indian River County deputies arrested Burkeen. Burkeen was initially charged with grand theft and five counts of dealing in stolen property.
In April 2018, prosecutors filed a formal grand theft charge against Burkeen.
Burkeen lost his substantial pension – $1.2 million – and health benefits provided by the county. Burkeen pled no contest to the charges in March.
Indian River County Administrator Jason Brown said the county placed a great deal of trust in Burkeen. Brown said Burkeen violated that trust.
“Today I’m happy to see justice served. I feel sentencing is appropriate for crimes Burkeen committed against all Indian River County taxpayers,” Brown said. “I think this verdict sends a message that if you steal from the public, you will be caught, prosecuted and punished accordingly.”
“A great deal of public trust was placed in Burkeen. He violated that trust,” Indian River County Administrator Jason Brown said shortly after the sentencing. #VeroNews pic.twitter.com/jDcwMMlRRE
— Nicholas Samuel (@JournalistNickS) July 16, 2020
Brown said incidents like this cast a bad light on all county employees, causing the public to lose trust in government. Indian River County Fire Rescue has more than 250 firefighters and more than 900 employees, Brown said.
“His actions hurt the fire department and county overall. He created a morale problem. He stole from all 160,000 taxpayers in Indian River County,” Brown said. “We fell behind on replacing ambulances and fire trucks because we didn’t have the funds to do so. The (stolen money) could’ve been used to purchase an additional ambulance.”
The administrator said Burkeen has not paid back the county the stolen money.
Burkeen’s claim of memory loss
Burkeen’s workers compensation attorney, Michael Horrowitz, said Burkeen crashed into a telephone pole in August 2019 in Fellsmere, leaving him disabled from memory loss. Burkeen said he was knocked unconscious and taken to a trauma center in Melbourne after the single-vehicle wreck.
“The doctor asked me to identify the lady next to me. I couldn’t identify her. It was my wife,” Burkeen said in court. “I have not been untruthful in anything I said. My memory loss is true.”
Burkeen said he didn’t remember anything before the crash, including the tire theft scheme.
“I pled no contest because I don’t remember what happened. If I did this crime, I truly apologize,” Burkeen said. “From my public record, it looks like I was a good (county) employee, starting off as a paramedic (in 1989) and working my way up to assistant fire chief (in 2005).”
But, mental health experts said Burkeen faked the memory loss from a head injury caused by crash. A competency report from August 2019 showed Burkeen was “faking as if he suffered from a cognitive-related impairment,” officials said.
In January, Vaughn ruled Burkeen was fit to stand trial.
Restitution
On July 1, Vaughn granted restitution – or compensation for financial loss – to Indian River County, the county’s insurance company Hanover Insurance, and Goodyear. Vaughn ordered Burkeen to pay $5,000 to Indian River County, $287,185 to Hanover Insurance Company and $26,477.45 to Goodyear.
Burkeen will pay those amounts when he is released from prison, prosecutors said.
Burkeen’s sentencing was originally scheduled for April 30, but was delayed several times because of limitations on court proceedings caused by the coronavirus. The sentencing date was pushed back to June 25 and then to July 1, the day Burkeen’s wife testified by phone in court that she tested positive for coronavirus.
Burkeen also tuned in by phone on July 1, telling the court he got tested and was awaiting results. This led Vaughn to push the sentencing date to July 16, allowing the Burkeens to self-quarantine for a 14-day period to prevent the spread of COVID-19.
Photos by Kaila Jones
