A criminal pre-trial was scheduled for 9 a.m. Tuesday for Malcolm Guy McBurnett, one of the men accused in the March 2013, death of Goodfellow Marine Donald Di Pietro.
McBurnett’s charges include driving while intoxicated, third charge or more, a third degree felony; intoxication manslaughter, a second degree felony; manslaughter, a second degree felony; and criminal negligent homicide, a state jail felony.
According to court documents, on or about March 9, 2013, McBurnett operated a motor vehicle in a public place while intoxicated and caused the death of 28-year-old U.S. Marine Donald Di Pietro by operating his vehicle on the wrong lane of a roadway. Di Pietro was driving a motorcycle on the 5200 block Christoval Road and crashed into McBurnett’s pickup which was stalled on the road.
Additionally, the grand jury found McBurnett recklessly caused Di Pietro’s death by having another person, Allen Lee Schmidt, push his disabled vehicle, which had no working lights, into the roadway at night. Schmidt was convicted on a manslaughter charge in August 2014.
The criminal negligent homicide charge was tied to the incident as well.
McBurnett’s trial began at 9 a.m. Tuesday.