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By
Alesar Harfoush [former]
- April 5, 2023
Court
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Daily Stories
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Homicides
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Shooting
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Suspects
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Victims
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During an April 5 court proceeding, the prosecution asked for a continuance to finish reviewing four to five hundred documents related to a murder retrial.
Eugene Burns, 31, is charged with first-degree murder while armed, the position of a firearm during a crime of violence, carrying a pistol without a license, obstructing justice, witness or officer influence delay, and threat to kidnap or injure a person all charges were committed during release. The charges are in connection to an incident that stemmed from the fatal shooting of 24-year-old Onyekachi Emmanuel Osuchukwu III on the 2900 block of Second Street, SE. The incident allegedly started over a drug deal.
On Wednesday, the prosecution asked for continuance regarding documents they are currently reviewing,
“I do not have any objection to that, but I will if the trial date gets delayed” defense attorney Mary Kennedy said on behalf of Burns.
Tyre Allen, 23, is charged with two counts of obstructing justice, witness or officer influence or delay, and conspiracy for planning and plotting over a court of months to corruptly influence a witness to swear to an affidavit recanting grand jury and trial testimony that the witness had previously provided against Burns in the case when both knew that the testimony made was true according to court documents.
During a 2017 trial, Burns was only found guilty of three charges: first-degree murder while armed, possession of a firearm during a crime of violence, and carrying a pistol without a license.
On Aug. 10, 2017 , DC Superior Court Judge Hiram Puig-Lugo denied the defense’s motion for a new trial. After that Burns was able to successfully appeal his case due to search warrants issues and expert testimony.
Judge Neal Kravitz wrote in his opinion the warrants were over broad and lacked probable cause and the expert witness’s testimony violated the confrontation clause.
Defense attorney Brandon Burrell on behalf of Allen addressed his frustration about the court denying three different motions he had filed back in September of 2022 without giving him the chance to orally argue his motion.
The motions included a motion to strike the indictment, a motion to sever Allen’s trial from Burn’s, and a motion to compel or dismiss the prosecution from moving forward with outstanding evidence regarding influencing a witness in this case.
DC Superior Court Judge Marisa Demeo stated that she would have asked for an oral argument if one was needed. She asked Burrell to file a motion to reconsider if he thinks the court’s ruling is not sufficient.
Parties are scheduled to return to court for a status hearing on April 21.