The Cortez woman accused of killing Michael Burnison in late March during a crash at the Hawkins and East Main streets intersection pleaded guilty last week in Montezuma County Combined Courts.
Shandine John, 33, appeared in court July 17 alongside her counsel Barrie Newberger King and waved her right to a jury trial by entering a guilty plea to one count of vehicular homicide while driving under the influence.
The charge is a third-degree felony carrying a possible prison sentence of four to 12 years in the Colorado Department of Corrections. The plea agreement John’s attorney and the 22nd Judicial District Attorney’s Office reached includes a four to 10-year sentence range. Presiding District Judge Todd Plewe can opt for probation or community correction, said assistant District Attorney Justin Pierce.
At the sentencing hearing Sept. 18, prosecutors will make their recommendation, the defense will make theirs, and afterward, Plewe will decide the sentence or other terms.
“The difference between us going to trial and convicting Ms. John or having her enter a plea under this agreement is four to 12 (years) versus four to 10 (years) if the judge chooses prison,” Pierce said.
Pierce said in a statement the plea agreement provides nearly the maximum possible sentence and acknowledges that the defendant takes full responsibility for her actions without excuse.
“This agreement also allows the victim’s family to avoid the ordeal of a jury trial, which was their preference,” Pierce said. “I thank our partners with the Cortez Police Department for the thorough and complete investigation that led to this outcome.”
John was arrested March 24 after authorities responded to a REDDI (Report Every Drunk Driver Immediately) call alongside multiple 911 callers reporting a motorcycle-car wreck just before 4 p.m. in Cortez.
The REDDI caller was a Dairy Queen worker who said two women appeared intoxicated while ordering food in a black Dodge Ram that left the Dairy Queen parking lot and traveled east.
According to the arrest affidavit, police arrived on scene to bystanders administering medical aid and CPR to Burnison, a motorcyclist, whose condition police officers reported was deteriorating.
While initially saying no, Officer Jacob Bourdon said in the arrest affidavit John later admitted she was driving and he determined the other passenger in the truck was a woman named Amelia.
Back at Cortez Police Station, Bourdon wrote John recounted the day up to the crash during an interview, starting from the morning when she woke up.
John then provided breath tests, giving two samples, with the lowest reading showing blood alcohol concentration at 0.285 at about 5 p.m., according to court documents.
John was also charged in the case with a misdemeanor alleging she drove under the influence and a traffic-level offense, Driving Under Restraint, alleging she drove while her license was inactive related to a DUI case from 2025.
Pierce said if convicted at trial, the DUI charge merges with the main felony so the latter count of Driving Under Restraint is the only count being dismissed by the plea.
Pierce said the 2025 probation violation stays active and separate. However, when someone pleads to a felony, their separate misdemeanors are typically merged with the felony, though that outcome will be determined by a county court judge in a hearing on probation Sept. 22.
While awaiting sentencing, John is being held in the Montezuma County Jail without bail.
awatson@the-journal.com
