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UPDATE: Burt's vehicle hit interstate barrier

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buy this photo 00000065A UPDATE: Burt's vehicle hit interstate barrier

DES MOINES - The SUV driven by a state lawmaker the morning of his drunken-driving arrest saw an estimated $10,000 in damage police believe occurred after it struck a concrete barrier on Interstate 35, an official with the Ankeny Police Department said Friday.

Ankeny Police Captain Arnie Porath said the 2004 Lexus registered to State Rep. Kerry Burt appeared to be involved in a single-vehicle accident while driving north on the interstate around 1:45 a.m. Wednesday.

According to a police report, Burt was arrested at 2:34 a.m. Wednesday in Ankeny and charged with operating while intoxicated. Porath said no one else was in Burt's vehicle at the time of his arrest.

"Fresh" damage was found on the front end of the driver's side of the vehicle, Porath said.

"For no better way to describe it, there were pieces of residue from the vehicle at that site that matched up with the vehicle," Porath said.

Porath said they know of no witnesses who saw the accident occur, and cannot say Burt was behind the wheel.

Porath said Burt had no complaints of pain at the time of his arrest.

Ankeny police have refused to release a copy of the accident report, and Burt's arrest report contained few details, with some personal information blacked out.

Burt has declined requests for an interview after he released a statement Thursday apologizing for his arrest.

Burt, a Democrat from Waterloo, was first elected to the Iowa House in November after he defeated incumbent Tami Wiencek.

EARLIER STORY

DES MOINES - Details surrounding a state lawmaker's arrest on drunken driving charges earlier this week remain hazy as law enforcement officials refuse to release additional information.

State Rep. Kerry Burt, a Democrat from Waterloo was arrested at 2:34 a.m. Wednesday in Ankeny for first-offense operating while intoxicated."

A police report obtained from the Ankeny Police Department contained few details of the arrest. Personal information for Burt, including his home address and date of birth, which are typically released by police departments in Iowa, were blacked out.

Ankeny Police Capt. Arnie Porath said an accident report also was filed.

Police refused to release the report, saying that under Iowa law, they are not allowed to release accident reports that do not result in a fatality.

"Let me put it to you like this, we took an accident report, but I cannot put Kerry Burt behind the wheel at the accident, OK?" Porath said. "So, I know this sounds ridiculous, but I can't specifically say that he was driving at the time of an accident. However, I can say that when our officers stopped Mr. Burt, that he was driving and we are - as a result of our investigation - charging him with operating while under the influence of alcohol."

Porath said they did not anticipate additional charges would be filed.

A staff member for Burt said he was too busy to speak to a reporter. Burt acknowledged the arrest in a prepared statement.

"I apologize to my constituents, House colleagues and all of my friends and family," the statement said. "I will let the process run its normal course, and I will comply with the terms of the court. With the help and support of my friends and family, I will work to assure that I never have a similar incident."

Burt, a native of Waterloo, also is a member of Waterloo Fire Rescue. In the Iowa House, he serves as vice-chairman of the House Public Safety Committee, which is charged with helping to write the state's criminal laws.

Voters elected Burt, 44, to his first term in the Iowa Legislature in November when he defeated incumbent Republican Tami Wiencek.

Burt also played football at the University of Iowa from 1984-87 under Coach Hayden Fry and was a team captain in 1987.

Charlotte Eby can be reached at 515-422-9061 or chareby@aol.com.

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