Man Pleads Guilty in 2015 Ellerbe Creek Trail, Hospital Assaults

NEWS RELEASE
October 25, 2021
For immediate release

Man Pleads Guilty in 2015 Ellerbe Creek Trail Sexual Assault, Attack in Hospital Bathroom

DURHAM, NC — A man pleaded guilty in Durham County Superior Court on Monday to assaulting two women in 2015.

Emanuel Burch (20CRS164, 20CRS1653) pleaded guilty to:

· One count of first-degree sexual offense, which is a Class B1 felony, for an assault that took place on November 11, 2015. The victim in this case was walking home on the Ellerbe Creek Trail when a man approached her from behind, choked her until she became unconscious, and sexually assaulted her. Investigators continued to work on the case but did not have strong leads until a sexual assault evidence kit was tested and linked to Burch in September 2019. Charges were filed in January 2020.

· One count of assault by strangulation, a Class H felony, and one count of sexual battery, a Class A1 misdemeanor, for an assault that took place on September 20, 2015. The victim in this case was approached from behind and choked in a bathroom at Duke University Medical Center. She lost consciousness, fell, and hit her head. During the attack, the victim scratched the attacker’s arms. Burch became a suspect in this case based on surveillance video from the building, similarities to the attack and suspect description in the Ellerbe Creek Trail case, and the DNA match in that case. In 2020, a DNA sample taken from the victim’s fingernails was tested and linked to Burch.

The cases were prosecuted by Assistant District Attorney Blake Norman, who is assigned to work with the Durham Police Department’s Cold Case Sexual Assault Unit and prosecute sexual assault cases, including those that stem from the Police Department’s efforts to submit previously untested evidence kits for testing.

Since early 2019, the Durham DA’s Office, Durham Police Department and Durham Crisis Response Center have worked together to review the results of sexual assault kit testing and determine how to proceed. Burch is among more than a dozen people who have been charged by the Cold Case Sexual Assault Unit as part of the Sexual Assault Kit Initiative. So far, four of those defendants, including Burch, have been convicted by the Durham DA’s Office in connection with a total of six sexual assaults.

Burch, who is 33, was sentenced to a minimum of 192 months to a maximum of 291 months in prison. In all criminal matters, the sentence is based on the offense class and the defendant’s prior record level, which can range from Level 1 as the lowest to Level 6 as the highest; in this case, Burch had a prior record level of 2. Burch was also ordered to not have contact with either victim. Judge James Hardin presided.

The Durham County District Attorney’s Office employs about 40 people, including prosecutors, administrators, victim service coordinators, legal assistants, and support staff. The Office is led by District Attorney Satana Deberry, who took office on January 1, 2019. The Office handles all criminal cases in Durham County. Find more information about the role of the district attorney and how sentences are determined on the Durham DA’s Office Medium page.