Man arrested for DUI manslaughter in 2021 death of pedestrian on Waldo Road


GAINESVILLE, Fla. – Kevin Elisha Burgess, 49, was arrested this morning and charged with DUI negligent manslaughter and driving without a valid license following an investigation into the death of Joseph Maligno on Waldo Road on November 22, 2021.

Burgess allegedly hit Maligno, who was crossing the road on foot, in the 2100 block of NE Waldo Road, at about 9:00 p.m. on November 22, 2021. Maligno died as a result of his injuries.

Burgess was allegedly driving with an expired license, and a Gainesville Police Department Officer at the scene reported that he was unsteady on his feet and had slurred speech and bloodshot eyes. Burgess’ blood alcohol level was measured at 0.035, under the legal limit of 0.08, but he was also reportedly found to have a level of THC in his system that would be expected to impair a normal person.

Formal charges were filed on August 25, 2022, and a warrant was issued on August 30.

Burgess has four felony convictions, for possessing and distributing cocaine and possession of a firearm by a convicted felon; the most recent conviction was in 2006. He is being held on $100,000 bail.

Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law.