Car Driven in Alleged Assault Is Itself Hit

The felony case against a Newbury Park woman who allegedly rammed a jacked-up car while her husband worked beneath it has taken another strange twist.

The alleged assault weapon--the defendant’s Audi 5000--was rear-ended on Nov. 29 as a prosecution expert was testing its brakes in preparation for the trial.

Marcia Burns, 44, was originally charged with attempted murder in connection with the Sept. 23 incident in which Jimmy Burns was working under a car when his wife allegedly crashed into it. The couple had been having domestic problems, the husband has testified.

But prosecutors reduced the charges to assault with a deadly weapon and hit-and-run last month after the husband recanted part of his story. At an October preliminary hearing, Jimmy Burns testified that his wife could not have seen him underneath the jacked-up car. He also testified that her Audi had a mechanical problem that occasionally caused it to surge forward.

To check out the husband’s story, prosecutors retained Audi of America to inspect the car’s idling system and brakes. Deputy Dist. Atty. Tom Connors said inspector Hans Gelke of New Jersey was testing the brakes on a surface street near the Thousand Oaks Auto Mall at the time of the collision.

“When he stopped, he didn’t see a car behind him,” said Connors, who did not know if Gelke was cited.

Marcia Burns’ attorney expressed concern that the evidence against her client has “changed” because of the crash. But Assistant Public Defender Jean Farley said she has not asked to have the Audi excluded from Burns’ trial, scheduled to begin Monday.