‘We Are Here For Accountability,’ Prosecutor Says in Murder Retrial

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On Sept. 24, parties delivered opening statements in a homicide and obstruction of justice trial in front of DC Superior Court Judge Marisa Demeo

Eugene Burns, 32, is charged with first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence for his alleged involvement in the shooting death of 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 14, 2015, on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but the conviction was overturned in 2020 when the DC Court of Appeals ruled that the search warrants for cell phones seized as evidence in the case were unconstitutional because they were overly broad.

Burns and Tyre Allen, 24, are also charged with obstructing justice. In 2020, the two allegedly attempted to persuade and intimidate a witness into recanting testimony he gave against Burns in the original murder trial.

Prosecutors in their opening statement said Burns murdered Osuchukwu, who was his best friend, because he wanted a bigger cut of the profits in their drug-dealing business. They said Osuchukwu was visiting DC to work on their business, and Burns allegedly shot him when he arrived at Burns’ mother’s apartment. 

“The defendant was fed up with the terms of his drug partnership,” the prosecutor said. 

According to prosecutors, there is evidence that shows Burns searched online “What does it feel like to murder someone?” days before shooting Osuchukwu. They added he also took a quiz called, “Are you capable of murdering your best friend?” 

Prosecutors claimed Burns texted multiple people about the murder, saying “I’m clapping him today,” on the day Burns thought the victim was coming into town. 

“He was researching not just how to do it, but how it would feel,” the prosecutor said. 

Prosecutors said in prior proceedings, Burns enlisted the help of Allen in pressuring a witness to recant testimony that Burns told him. Prosecutors played recorded jail calls between Burns and Allen discussing them allegedly trying to get a witness to sign an affidavit that Burns did not confess.

“We are here for accountability,” the prosecutor said. 

Jocelyn Wisner, Burns’ attorney, said during her opening statement that there is no physical evidence that links Burns to the crime and that unidentified DNA was found under the victim’s fingernails that points away from Burns as the shooter. 

According to Wisner, Burns left his mother’s apartment before the shooting took place, but investigators neglected to look into other leads because they were set on Burns being the shooter. 

“The [prosecution] saw a simple story that won’t be backed up by the evidence,” Wisner said. 

Wisner argued the witness who claims he was pressured into signing a false affidavit is “unreliable” and “can’t get his story straight.” She said Allen was homeless in 2015 and told the police Burns murdered the victim because he wanted the reward money for providing information. 

Parties will reconvene Sept. 25.