Henderson County man convicted of sexually abusing child

Henderson County Man Convicted of Sexually Abusing Child

On February 14, 2024, Investigator Tonya Marshall with the Lexington Police Department (LPD) received a report regarding possible sexual assault of a minor. A thirteen–year–old female alleged that Tommy E. Burke, seventy–seven (77) years of age, had been touching her inappropriately. During two forensic interviews, the child disclosed that Burke had repeatedly sexually assaulted her over the course of many years. 

On March 7, 2024, Investigator Marshall contacted Burke to come to the Lexington Police Department to speak with her. Burke declined but advised Investigator Marshall that she could come to his residence if she wished to speak with him. 

Investigator Marshall and LPD Investigator Kevin Wise went to Burke’s residence to follow up on their investigation. During the initial conversation, Burke admitted that he knew Investigator Marshall was there because of the victim. Burke stated that he and the victim had done some things years ago, when she was around six (6) years old, that “weren’t right.” 

Burke grew increasingly agitated during the interview, eventually brandishing a firearm, and then aiming it at Investigators Marshall and Wise. Burke then positioned himself behind a tree while continuing to point the weapon at investigators before turning it on himself by pointing it at his head. In response to this threat, multiple LPD officers arrived on the scene to provide back–up to Investigators Marshall and Wise. Burke then fired a round from his weapon, placing multiple members of the police department in danger. Despite the escalation and gunfire from Burke, the Lexington Police Department was successful in taking Burke into custody with no one sustaining any injuries. 

The Henderson County Grand Jury indicted Burke on two counts of Aggravated Sexual Battery, one count of Sexual Battery by an Authority Figure, two counts of Aggravated Assault, and one count of Reckless Endangerment with a Deadly Weapon. On August 17, 2025, after a two- day trial involving testimony from the juvenile victim, expert testimony from members of the Carl Perkins Center for the Prevention of Child Abuse, Lexington police officers, and other witnesses, a jury found Burke guilty on all counts. Judge Don Allen has scheduled Burke’s sentencing hearing for November 18, 2025, when he will face a possible sentence of eight (8) to twelve (12) years for each count of Aggravated Sexual Battery, three (3) to six (6) years for Sexual Battery by an Authority Figure, three (3) to six (6) years for each count of Aggravated Assault, and one (1) to two (2) years for the count of Reckless Endangerment. A Motion for Consecutive Sentencing has been filed, which requests that any sentences received by the Defendant be stacked upon one another. The case was prosecuted by Assistant District Attorneys General Eric Wood and Matt Floyd. 

“This Defendant victimized a small child in unmentionable ways and then doubled down on his bad life decisions by brandishing a firearm at law enforcement officers. He will now have to answer for those life decisions at his sentencing,” said District Attorney General Jody Pickens. “I appreciate the courage of the victim to come forward and let law enforcement know what had been done to her, the skill of the forensic interviewers at the Carl Perkins Center, the bravery of the Lexington Police Department officers, the hard work of Assistant District Attorneys General Eric Wood and Matt Floyd, and lastly, the just verdict returned by the good citizens of Henderson County who did their civic duty and served on a very difficult case.” 

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