CUMBERLAND — Former Cumberland Police Department Capt. James Burt pleaded guilty Tuesday in Allegany County Circuit Court to one count of misconduct in office for an incident last year involving a female officer.
He was sentenced to two years of incarceration with all but 30 days suspended, followed by three years of supervised probation.
Senior State Prosecutors Mary Setzer and Abigail Ticse presented the case before Judge Timothy Finan and did not identify the victim, only referring to her as “victim one.”
Burt, 52, admitted to an incident that happened in April 2025 in an enclosed stairwell at the police department. The victim was traveling down the stairs while Burt was going up, and when they met, Burt put his arm up toward the victim.
“Fearing Burt was about to assault her, (she) put her arm up to protect herself, at which time Burt told (her) ‘No, no, I just want to give you a hug’ as he leaned in and hugged (her) and slowly kissed her neck while breathing in, in a sensual manner,” state prosecutors said.
Burt admitted the actions to then-police Chief Chuck Ternent, according to state prosecutors.
Burt completed numerous training and courses in leadership, ethics, police misconduct and defense tactics, among other topics and at each defense tactics training, he would sign a “Sanctity of Life Pledge,” always promising, whether on or off duty, he would “respect human life and act with compassion towards others,” according to Setzer.
Burt worked for the Cumberland Police Department beginning in 2003 as a patrol officer, rising through the ranks to second in command as the department’s only captain in 2021, his attorney, Roman Rozas said.
“Many officers prospered under him,” Rozas said. “He is clearly willing to admit what he did in the stairwell.”
State prosecutors acknowledged that in the more than 20 years Burt was on duty, he did many good things.
“When he obtained high rank(s), he ignored leadership training to terrorize officers,” prosecutors said.
‘Made a mistake’
The victim began work at the police department in 2024. After graduating from the police academy and continuing through April 2025, Burt routinely walked up to the victim while on duty and applied pain compliance pressure points to her, without warning, according to prosecutors.
Pain compliance pressure points target nerve bundles and sensitive areas to cause pain, for the purpose of garnering compliance from a non-compliant suspect, typically during an arrest, prosecutors said.
“These techniques were taught to Burt during defense tactics trainings that he attended as an officer,” prosecutors said. “Burt applied these painful pressure points in various locations on (victim one’s) body.”
State prosecutors also detailed other incidents, including while Burt was in the presence of other law enforcement officers, he exposed his genitalia to younger, female officers.
Burt said the public humiliation of his actions has caused stress on his family and that after growing up in Cumberland and raising three children in this town, he can’t go anywhere or be seen without someone recognizing him.
“I’ve been saved by God. My family (are) victims. I made a mistake,” Burt said. “I’ve treated (these officers) like my own children. I pray for them every night.”
Burt said he referred to them as his babies because they are the age of his adult children.
“I am asking for mercy from this court,” Burt said, crying. “I will never be a police officer again.”
Burt said that he is in the process of becoming a pastor and is currently being mentored by three pastors.
“This is very difficult for all concerned — Burt, his family and the community,” Finan said. “It’s curious that someone with the skills Burt has would show such poor judgment … he showed a lack of judgment on at least one occasion, likely more.”
Burt expressed concern about his safety if he was incarcerated because of his years of law enforcement service in the community.
After announcing the sentence, Finan order Burt to report to the Allegany County Detention Center on Friday at 10 a.m. and reassured Burt of his safety in the facility.
History
The Allegany County grand jury initially returned 11 criminal indictments against Burt, charging him with six counts of misconduct in office, four counts of second-degree assault and one count of fourth-degree sex offense.
Burt’s original criminal indictment listed four female victims, 27-32 years of age, three that were current or former Cumberland Police Department officers and one Federal Correctional Institution correctional officer.