Trial Pushed Back in 2015 Homicide Case

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On Nov. 3, DC Superior Court Judge Marisa Demeo granted a prosecutor’s motion to delay a homicide trial in connection to a 2015 incident.

Eugene Burns, 31, was convicted of first-degree murder while armed, carrying a pistol without a license, and possession of a firearm during a crime of violence in 2017. The case was reopened on appeal in 2020.

Burns allegedly shot his best friend, 24-year-old Onyekachi Emmanuel Osuchukwu III, on Nov. 15, 2015, on the 2900 block of Second Street, SE. Burns is alleged to have committed the crime while he was on release for fleeing a law enforcement agent.

In 2022, prosecutors indicted Burns for conspiracy and obstruction of justice for allegedly getting his co-defendant, Tyre Allen, to coerce a witness into giving the court false statements regarding the incident.

According to court documents, Burns and Allen “planned and plotted over a course 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 murder case”.

On Sept. 25, prosecutors filed a motion to continue the trial date, which was previously set for Feb. 5, 2024, stating that they need additional time to “obtain essential evidence for the [prosecutors] to meet its burden at trial and because of the unavailability of [prosecutorial] counsel”.

Burns’ defense attorney, Mary Kennedy, asserted his right to a speedy trial, and argued if the trial is pushed back from the February date, Burns deserves to be released to home confinement as he awaits the new trial date.

Judge Demeo granted the prosecutor’s motion to continue the trial date, stating they had “good cause” for the request, and they continue to work in a manner that ensures the case moves forward. A new trial date was set for September 2024.

Kennedy requested Burns be released until trial, arguing that the Pretrial Services Agency (PSA) had screened him and found him eligible for home confinement. According to Kennedy, prosecutors will not be ready for the September trial date, and it is “unfair for [Burns] to continue to be held”.

Kennedy argued that “it’s going to be a long time before this goes to trial,” and insisted Burns has not exhibited obstructive behavior since 2020.

Prosecutors quickly opposed the motion for release, arguing he remains a danger to the community. They explained that he’s charged with murder for allegedly killing his best friend over drug money, and was convicted and sentenced for the incident in 2017.

Prosecutors also argued that Burns googled “how does it feel to kill someone for the first time” and “where to shoot for it to be deadly” prior to the murder.

According to prosecutors, while the trial was ongoing, he coerced Allen and a witness into giving false statements to the court.

Judge Demeo stated Burns actions were “taken to corrupt the process,” and is known to have fled law enforcement prior to the murder.

Although PSA deemed him eligible for home confinement, said Judge Demeo, he continues to pose a danger to the community. Due to this, she denied Burns’ request for release.

Parties are expected back on Feb. 9, 2024.

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