$13 million settlement reached in Pace crash that killed woman
CHICAGO (CBS) – A $13 million settlement in a deadly Pace bus crash was announced on Monday. The driver fell asleep behind the wheel, killing a woman on her way home from church back in 2021.
For the first time, we are seeing video of the crash and video of past incidents involving the same driver.
CBS 2's Tara Molina spoke with the woman's family.
CBS 2 was told the driver had a history and he never should have been on the road in the first place. The video of the crash is hard to watch.
With a smile as bright as her Sunday best, Brenda Burse was a mother, a wife of 53 years, a great cook, a better friend and a woman who never missed a church service.
"It hurts," said Amelia Burse, Brenda's daughter. "It hurts so bad."
Burse was heading home from church on Sunday, Aug. 15, 2021 on the Pace bus she relied on to get around when the driver fell asleep at the wheel, crossed lanes of oncoming traffic, left the road and crashed into a tree, killing her.
The video is disturbing.
So is police interview video where the driver, Joe McKee, admitted to having sleep apnea and not sleeping well the night before because he was out late partying, drinking and doing cocaine.
"I drank a couple of beers and I snorted a couple of lines," McKee told police.
"Of what?" he was asked.
"Cocaine," he said.
McKee told police he was partying, celebrating since he got his job back. This wasn't his first incident. McKee had just returned to work before the deadly crash, after he was suspended for falling asleep behind the wheel of a Pace bus just three months prior.
He was nodding off while driving a woman and child. Video shows him sleeping on the bus before he started driving that day.
Pace said he was removed from service by SCR, a subcontractor, until he could provide a state certificate clearing him to drive, which he did. The certification was valid at the time of the August 2021 crash.
Burse's family's attorneys say Pace broke its own rules by allowing McKee to get back behind the wheel, with a known medical condition and history of issues.
"Follow the rules that are there," said Amelia Burse. "Do what's right."
Burse's family said the case settled in court doesn't mean closure for them, but the case and the $13 million settlement should mean no other family ever has to endure what they have.
"So this tragic accident would never ever happen again to no one," Burse said.
CBS 2 reached out to Pace which said it "extends its sincere condolences to the family of Mrs. Burse." The company also said McKee was an employee of SCR, a subcontractor for Pace, that hired the driver. SCR has not replied to a request for comment.
The Cook County State's Attorney's Office also said in a statement said evidence in the case was insufficient to approve any felony charges:
"After a thorough review of the information presented to us by police, we concluded that the evidence was insufficient to meet our burden of proof to approve felony charges. As prosecutors, we have an ethical obligation to review the facts, evidence, and law in each case and only bring charges when there is sufficient evidence to support a charge. We will continue to work with the Chicago Police Department and will review any new evidence that becomes available. Mr. McKee was charged by CPD with traffic violations and those matters are pending."
