Family of girl killed in hit-and-run seeks more serious charges for driver

CHARLOTTE — The family of 8-year-old Nyomi Summers says the charges filed against the driver accused of killing her in a hit-and-run are not serious enough.

Police upgraded charges against 23-year-old Khaliyal Burney to misdemeanor death by vehicle on Wednesday.

Burney was initially charged with driving without insurance, having a fictitious tag, and driving with a revoked license.

The upgraded charge follows an investigation into the March incident, where witnesses say a speeding car struck Nyomi while she was riding her bicycle.

Doorbell camera footage from Monday showed a vehicle revving its engine before speeding up shortly before the collision.

According to a police affidavit, Burney was operating the vehicle at 35 mph in a 25 mph residential zone when the car struck Nyomi while she was on her bike.

Loved ones of the 8-year-old girl, who chose not to speak on camera, stated that the driver should face more serious charges.

Chris Adkins is an attorney who previously served as a traffic officer with the Charlotte-Mecklenburg Police Department for seven years.

Adkins noted that Burney had been cited for driving with a revoked license less than two weeks before the fatal hit-and-run.

“So he just got a ticket 13 days before this happened for this, which is an arrestable offense DWLR,” Adkins said.

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Adkins explained that the charge of misdemeanor death by vehicle is based on specific legal requirements regarding the cause of the accident.

“It requires that the defendant committed a traffic or vehicle use violation and that that violation was the proximate cause of death,” Adkins said.

He noted that the investigation into whether to charge a driver with a felony or other more serious offenses depends on the evidence linking the violation to the death.

Evidence collected after an initial incident can lead to a change in the legal status of a case.

Adkins said that police use tools like doorbell camera video to determine the appropriate charges.

“It would have to be again a traffic violation, and that violation is the cause of the death,” Adkins said. “As evidence comes in, sometimes they’re able to determine whether or not a charge should be made later, after the initial traffic citation.”

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