Jamestown Police Chief Timothy Jackson center, discusses the murder charges placed against Michael Burham. Also pictured, from left, are Jamestown Mayor Kim Ecklund, District Attorney Jason Schmidt, Deputy Chief Scott Forster, and Detective Lieutenant Greg Wozneak. P-J photo by Gregory Bacon

The crime that Michael Burham is accused of committing is so ghastly, that he is facing a rare first-degree murder charge.

It’s the first time District Attorney Jason Schmidt has charged someone with that level of a crime during his time in office.

On Friday, Schmidt outlined the charges and next steps for Burham, who is accused of murdering Kala Hodgkin on May 11, 2023, in the city of Jamestown.

After Hodgkin was shot to death with her three children in her home, Burham allegedly started a vehicle on fire and fled to Pennsylvania.

While there, he kidnapped a Sheffield couple and they went to South Carolina, where Burham was eventually captured.

He was brought back to Warren County, where he escaped and was captured after a 10-day manhunt.

For the Pennsylvania crimes, Burham was sentenced to 25 years, two months to 50 years in Pennsylvania after he pleaded guilty to charges of kidnapping, recklessly endangering another person, terroristic threats, theft and burglary.

But even with that sentence, Schmidt wants to ensure that Burham, 35, never sees another day of freedom for the rest of his life.

Following a Chautauqua County Grand Jury indictment, Burham has been charged with first- and second-degree murder as well as third-degree arson.

“Most of the crimes that occur, the homicide-level crimes, in New York state we generally charge with murder in the second degree,” Schmidt explained.

One of the exceptions is if a person kills a witness to prevent that person from testifying about a crime. In that scenario, the suspect can be charged with first-degree murder.

During the press conference, Schmidt noted that Hodgkin had come to Jamestown Police about a month prior looking for help, as a domestic violence victim.

After working with police, charges were filed against Burham for first-degree rape and second-degree unlawful imprisonment.

A warrant was issued but Burham was not taken into custody before Hodgkin was murdered.

Because Hodgkin was murdered, the rape charges have been dropped.

Schmidt said that was one of the factors brought before the grand jury in charging Burham with first-degree murder.

If convicted of first-degree murder, Burham could be sentenced to up to life behind bars without the possibility of parole.

Schmidt was elected four years ago as district attorney. Before that he had worked in private practice and had been employed as an assistant district attorney.

Schmidt said during his tenure as both district attorney and assistant district attorney, this is the first time he’s prosecuted a first-degree murder trial.

Jamestown Police Chief Timothy Jackson said he, too, has never had a first-degree murder for a suspect in the city during his time as chief.

Still, Schmidt felt the charge is appropriate.

“It’s rare that we see murder in the first degree. I think it’s very rare in this community from what I’ve seen in the past. But I felt, and all of us felt, that the facts and circumstances here gave rise to presenting that to a grand jury to consider,” he said.

Schmidt added they also have the second-degree murder charge filed, should a jury feel the crime does meet the qualifications of a first-degree murder.

Schmidt said so far the county’s Public Defender’s Office has been representing Burham, but the suspect could get a private attorney if he so chooses.

The next step for the case is a discovery conference which is set for Aug. 23.

Schmidt said he predicts that a trial will not take place until next summer. Until the trial, Burham will remain in the county jail.