Utah man accused of drive-by shooting now facing federal charges

SALT LAKE CITY ( ABC4 ) — A Utah man is facing federal charges for gun and drug crimes after he allegedly committed a drive-by shooting and fled from police last month.

Cody Charles Burningham, 30, is being charged with felon in possession of a firearm and possession of Alpha PHP (also known as bath salts) with intent to distribute, according to a press release from the U.S. Attorney’s Office for the District of Utah.

Burningham allegedly committed the drive-by shooting on June 3 in Millcreek. The attorney’s office did not disclose if the shooting resulted in any injuries.

On June 4, officers from numerous law enforcement agencies reported seeing Burningham driving in the area of Kearns.

“Detectives attempted to stop Burningham, but he fled, driving through residential areas at a high rate of speed,” the release said. “After detectives were able to spike the tires of the vehicle, he took off on foot.”

Officers arrested Burningham “without incident” and later recovered an HS Produkt XD45 .45 caliber semi-automatic pistol after the chase concluded.

The release said Burningham had been previously convicted for several crimes in the Utah Third District Court, including possession of a firearm by a restricted person.

Burningham is scheduled to show up in court on July 18.

The case is being prosecuted by Assistant United States Attorney Cameron P. Warner, who is with the U.S. Attorney’s Office for the District of Utah. A detective from the West Valley City Police Department and a Task Force Officer with the Bureau of Alcohol, Tobacco, Firearms, and Explosives are investigating the case.

Charges are allegations only. All arrested persons are presumed innocent unless and until proven guilty beyond a reasonable doubt.

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