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By
Jenna Lee
- October 2, 2024
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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A DNA expert witness testified that DNA not belonging to the suspect was found under the victim’s fingernails in a homicide case in front of DC Superior Court Judge Marisa Demeo on Oct. 1.
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 the charges in 2017, but the verdict was overturned in 2020 because of an overly broad search warrant and the DC Court of Appeals returned the case to DC Superior Court.
Along with Tyre Allen, 24, Burns is also charged with conspiracy, obstructing justice by influencing or delaying a witness or officer, and obstruction of the due administration of justice. The charges stem from their alleged attempts in 2020 to persuade and intimidate a witness into recanting testimony he gave against Burns in the original murder trial.
The prosecution called a DNA expert witness who tested the victim’s fingernails and found a DNA profile not belonging to the victim or Burns.
On cross examination, the witness said the DNA could have been left there because of a struggle, but not necessarily so. The witness said prolonged contact was more likely to leave DNA under a person’s fingernails.
The witness also testified that a mix of DNA from at least three contributors was found on an empty solo cup from the crime scene. According to the witness, it is more likely than not that Burns’ DNA was included in the mixture.
The victim’s cousin also testified that she knew Burns and the victim were friends in high school, and she questioned Burns after the shooting via Instagram messages. According to the witness, she asked why he was not with the victim at the time of the incident if he was shot at Burns’ house?
The prosecution showed screenshots in which Burns allegedly responded saying the victim would often come over to his house when he wasn’t there and then asked the witness, “WHAT EXACTLY ARE YOU SAYING?”
“He was trying to be defensive,” the witness testified.
The witness also testified that Burns did not attend the victim’s funeral.
A friend of Burns’ testified that Burns was “like a nephew to him,” and lived in his house for an extended period of time at the end of 2015. The witness said Burns had gotten into an altercation with his mother’s boyfriend’s son — not the victim — and spoke to the witness about it.
The witness said he heard about Burns getting a gun around that time, but could not remember the source of the information. Attorneys read testimony the witness gave in prior proceedings of this case saying Burns told him he wanted to get a gun to protect himself and retaliate due to the altercation.
The witness described Burns’ behavior at the end of 2015 as “jumpy.”
Parties will reconvene Oct. 2.