Nicole VanderHeyden went out with her boyfriend, Douglass Detrie, on May 20, 2016. They became separated and argued over calls and texts. Detrie went home. The following day Nicole was found dead near a field in Brown County, Wisconsin. Investigators found some of her clothing near a freeway entrance and blood and hair outside a neighbor’s home. Each discovery gave them another place to account for. [1]

Green Bay and the Fox River in 2024
Green Bay and the Fox River in 2024. The image does not depict the crime or an evidence exhibit.
Michael Barera · Image source · CC BY-SA 4.0

Twelve steps

Detectives looked first at Detrie. His Fitbit logged twelve steps in the hours they were trying to account for. That small number gave them a reason to reconsider a theory that would have required him to be active during that stretch. The reading depended on whether he was wearing the device. The trial judge later let jurors hear the step counts and excluded the device’s sleep data. [1]

In June, Green Bay police interviewed George Burch in a separate vehicle investigation. Burch said he had been at a bar and had sent texts that would support his account. An officer asked about those messages, and Burch signed a consent form. The examiner made a full copy of the phone’s data. Police retained the copy after returning the phone. [1]

Brown County Courthouse in Green Bay
Brown County Courthouse in Green Bay. The image does not depict the crime or an evidence exhibit.
Mcgike · Image source · CC BY-SA 3.0

The sock and the stored file

In August, DNA from Nicole’s sock matched Burch. Brown County homicide detectives looked for prior police contact and found the Green Bay file. They reviewed the download, identified a Google account and saw that the phone had repeatedly accessed coverage of Nicole’s death. They obtained a warrant for Google’s records. The location data placed the phone near several places detectives already knew about, including the field and the freeway entrance. [1]

Burch testified that he met Nicole at a bar and that they left together. He denied killing her and told jurors that Detrie forced him to move her body. The prosecution disputed that account. The jury had both the phone’s movements and Burch’s explanation of how he came to make them. It convicted him of first-degree intentional homicide in 2018. He was sentenced to life without eligibility for release. [1] [2]

Wisconsin State Capitol in Madison
Wisconsin State Capitol in Madison. The image does not depict the crime or an evidence exhibit.
Warren LeMay from Covington, KY, United States · Image source · CC BY-SA 2.0

What jurors were allowed to hear

In 2021 Wisconsin’s Supreme Court upheld the judgment. The majority concluded that even assuming a constitutional violation, the officers’ conduct in this case did not call for excluding the phone evidence. The judges also upheld admission of the step records. Separate opinions disagreed about whether the phone search was lawful and whether the evidence should have been suppressed. The U.S. Supreme Court declined to review Burch’s case in January 2022. [1] [3] [4]

Case brief

Brown County and Green Bay, Wisconsin · 2016

Recorded outcome
George Burch convicted of first-degree intentional homicide in 2018 and sentenced to life without release eligibility. Affirmed June 29, 2021.

Key moments

  1. May 20–21, 2016 · overnightTracker records twelve steps✓ Exclusion or reversalView on map
  2. August 2016DNA from the sock matches Burch★ Key conviction evidenceView on map
  3. After the phone file reviewGoogle data obtained by warrant★ Key conviction evidenceView on map

People in this case

Follow the locations

Put the story on the map.

Follow the dated entries, then select an event to find its regional setting. Shared-location pins open a group of events. Evidence symbols identify important findings and their limitations.

Open the map in its own window ↗

Sources & further reading

  1. State v. Burch · Wisconsin Supreme Court, majority and separate opinionsPrimary · 2021-06-29Investigation, phone and Fitbit evidence, majority and separate opinions.
  2. WBAY · George Burch sentencingReporting · 2018-05-04Sentence and Brown County proceedings.
  3. Wisconsin Court of Appeals · certificationPrimary · 2020Questions certified for review.
  4. U.S. Supreme Court · January 10, 2022 order listPrimary · 2022-01-10Denial of George Steven Burch’s petition for review in No. 21-6290.

Editorial review: 2026-11-12 · 426 words