A judge denied bail Tuesday for a man charged with murder after a car crash in Gary.
Billy Cross, 47, was charged on May 8 with murder, unlawful possession of a firearm by a serious violent felon, operating a loaded machine gun, and possession of a machine gun.
The victim, Kylin Bursey, 33, of Gary, was fatally shot on April 30 at least six times in the head, neck and back, records show. He was transported to Methodist Northlake in Gary where he was pronounced dead.
Authorities allege Cross’ wife hit Bursey’s vehicle. They traded words. Later, she called Cross where he fatally shot Bursey on the 4100 block of W. 23rd Avenue.
During the first bail hearing on Aug. 22, Deputy Prosecutor Brad Carter played a jail call. Carter said Cross was telling his son that his wife’s longtime “road rage” had finally led to something dire.
“It didn’t have to go like this,” Cross says on the tape, adding her behavior was problematic.
Defense lawyer Mark Gruenhagen disputed that characterization, saying they weren’t specifically talking about a shooting.
Gruenhagen is arguing the shooting was self-defense. On the video, the lawyer argued Bursey appeared to be reaching for his waist as if grabbing a weapon. Then, a video appears to show Bursey’s girlfriend Shawntel Rice jumping on Bursey, who was on the ground, and putting an object in the vehicle.
On the stand, she flatly denied he had a weapon.
A detective responded at 5:45 p.m. where police found a red Chevrolet Tahoe with two bullet holes, parked in front of a house. Fourteen bullet casings and blood were on the street. No guns were recovered.
Security footage showed Bursey standing near the back of his red Chevrolet Tahoe on West 23rd Avenue with four people — three men and a woman. A red vehicle pulls and parks, and then a dark GMC Envoy parks behind it. Cross and a woman in a pink tank top get out.
“Right here, with the hat,” Cross’ wife appears to say, pointing at Bursey.
“Who said they were going to beat my wife,” Cross demands.
Bursey appeared to walk away.
“Don’t move, don’t move,” Cross says.
Cross appears to raise his arm and fire at Bursey, who fell down.
The detective alleged Cross’ handgun was likely modified with a switch to fire 15 bullets in one second. Bursey did not appear to be armed.
The crash was caught on camera around 3:39 p.m. near 4th and Connecticut St. where Cross’ wife — in the GMC — hit Bursey’s vehicle, documents state. He got out to get her insurance information and license plate number. They ended up arguing about who caused the accident.
“He’s going to hit me…hurry up and get here,” witnesses said Cross’ wife yelled.
Bursey, with a man and woman in his car, moved to a bus lot, then to the 4100 block of W. 23rd Avenue. Cross’ wife was “going to call her people,” one witness told police.
The couple followed them there.
Anyone with further information can call Lake County Prosecutors Homicide Task Force Det. Dave Moran at 219-775-3855.
mcolias@post-trib.com
