Homicide Defendant’s Prison Calls Used as Evidence in Trial

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Jail calls between co-defendants referencing a “plan” were played for the jury during a homicide and conspiracy trial before DC Superior Court Judge Marisa Demeo on Oct. 18.

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 Nov. 14, 2015, fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE.

Burns was convicted of these charges in 2017, but the DC Court of Appeals overturned the verdict in 2020.

Burns and Tyre Allen, 24, are also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of justice for their alleged attempts to persuade a witness—Allen’s brother and Burns’s cousin—to redact testimony from Burns’ first trial.

The prosecution played audio recordings of phone calls between Burns and Allen while Burns was in prison.

The phone calls took place in the Fall of 2020 shortly before and after Allen’s brother signed an affidavit recanting his testimony that incriminated Burns at the first trial.

The phone calls also reference Burns asking his lawyer to file a release motion based on the recanted testimony.

During the calls to Allen, Burns says, “he need to do what the plan is,” “this sh*t about to be over,” and “we did our part,” in reference to needing his attorney to file his release motion.

In a call where Allen informed Burns of the witness recanting his testimony he stated, “the way he was before is over” and “he’s starting to see the bigger picture.”

The defense also began their case out of order due to scheduling conflicts, and called the ex-girlfriend of Allen’s brother as a witness.

She testified to overhearing an argument over the phone between Burns and Allen’s brother in the fall of 2015, which ended with Allen’s brother saying he was, “going to get [Burns] locked up.”

She also stated, “he not truthful” when asked whether she had an opinion about whether Allen’s brother is honest. In response to whether others had an opinion, she stated, “everybody say he lie a lot.”

During cross examination, the prosecutor asked about the statement that Allen’s brother was, “going to get [Burns] locked up,” questioning why the witness didn’t come forward knowing that Burns had been arrested for alleged murder. Her response was that she didn’t know he had been arrested for murder until around a year later because she was a juvenile.

Trial will resume on Oct. 21.