Kaufman County Constable's Office - Precinct 8, Texas
End of Watch: Monday, May 1, 1905
Age: 32
Tour of Duty: Not available
Badge Number: Not available
Cause of Death: Gunfire
Date of Incident: May 1, 1905
Weapon Used: Handgun
Suspect Info: Not available
On Monday, May 1, 1905, Kaufman County Precinct 8 Constable John D. Burk was in the City of Kaufman conducting business. At approximately 3:30 p.m., Constable Burk responded to a report of a disturbance at J. J. Patterson's pool room. Constable Burk arrested M. B. Scott who was intoxicated. Constable Burk had to hit Scott in the head with his pistol when Scott resisted arrest. Constable Burk then allowed Scott to wash his hands. Scott returned with a pistol and shot Constable Burk in the head. Constable Burk died from the gunshot wounds approximately 2 hours later.
On July 15, 1905, M. B. Scott was sentenced to 20 years in the state penitentiary for murder in the second degree. On February 21, 1906, the Court of Criminal Appeals of Texas reversed and remanded the case. On January 9, 1907, Scott pleaded guilty to manslaughter and was sentenced to 3 years and 9 months in the state penitentiary for killing Constable Burk.
Constable Burk was survived by his wife and family, with an unknown number of children. He was buried next to a former wife in an unmarked grave, at Bell Springs Cemetery, in the community of Massey, in Hill County, Texas.