Evidence Concludes After Four Weeks of Murder and Conspiracy Trial

By Elizabeth Bernstein , Cathy Ochoa - October 22, 2024
Court | Daily Stories | Homicides | Suspects | Victims |

The prosecution and defense finished introducing evidence and rested their cases in connection to a homicide after four weeks of trial on Oct. 21 before 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 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 concluded their case by finishing jail calls between two individuals, who they identified as Burns and Allen.

In one call, the individual identified as Burns says, “one wild individual already outta the way,” presumably referring to his cousin recanting his testimony.

In further reference to the recanted testimony in a call, Burns stated, “he took that s*** back,” and “a lot of people don’t do that.” He further added, “that’s some real s***,” and “this s*** complicated and they play on what you don’t know.” 

In another call, Burns reacted to hearing about the obstruction charges brought against him and Allen. He stated, “that’s my brother – I can communicate with him,” and “that’s my cousin – I can communicate with him.” 

He said he made the statements, “not talking about anything real,” claiming “no one [was] harassed,” and “nothing to worry about.”

The prosecution rested their case after playing the jail calls.

Allen’s defense attorney, Brandon Burrell, began Allen’s case and entered evidence into court, including a jail call that was not included in the prosecution’s evidence.

Statements made by Burns to Allen in the recording included,, “tell your truth, do you, what you gotta do, you not lying, they’re gonna try to say you’re being forced, and I don’t want you to lie.”

Judge Demeo gave the jury a limiting instruction for this call, which stipulated that they should not use the statements made by Burns in the call to determine truth but to evaluate Allen’s state of mind.

Defense for Allen rested their case following this jail call.

Trial is scheduled to resume on Oct. 22.