Witness Doesn’t Remember Driving a Murder Suspect to Crime Scene

By Phoebe McConnell , Alex Garcia Pecina - October 11, 2024
Daily Stories | Homicides | Shooting |

A witness, identified as the defendant’s cousin, testified that she can’t recall driving the defendant to the site where the victim was killed in a hearing on Oct. 10 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 shooting death of Onyekachi Emmanuel Osuchukwu III, on Nov. 14, 2015, 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. The court ruled that investigators had searched beyond what was legally allowed.

Burns and Tyre Allen, 24, are 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 involvement in persuading and intimidating a witness who gave their testimony in Burns’ original trial.

The prosecution called the defendants’ cousin to the stand. 

During her testimony, she failed to remember a majority of the events leading up to the incident in 2015. The prosecution refreshed her memory with the grand jury transcripts in which she testified that she had previously admitted to driving Burns to the location the incident took place on the night of the shooting – but claimed she had no recollection today.

The prosecution also called a witness that was a postal inspector at the time of the incident.

The prosecution asked him about 15 packages that were delivered from California to Burns’ mother’s home, where the murder occurred. According to the inspector, narcotics typically arrived at the location from California. 

The prosecution called a cellular data analyst to continue his testimony about Burns’ phone messages.

The expert read outgoing messages from June 2015 and July 2015 revealing that Burns allegedly had a 9mm firearm in his possession. The messages appeared to have been deleted after they were sent.

The prosecution called the previous prosecuting attorney from Burns’ first trial in 2017.

According to the prosecutor, the case was the first that he received when he transferred into the homicide unit. He testified that he met Burns’ cousin who is also Allen’s brother, as he was a witness in the case. Afterwards, he crossed paths with him at a gym.

After the encounter, Allen’s brother messaged him, “Give me a call.” The attorney testified that he called the brother and he had a concerned tone to his voice. Later, the brother texted the attorney, “Can’t testify at no [trial].”

Appellate attorneys from the Public Defender Services (PDS) Claire Roth, Laura Hankins, and Shilpa Satoskar, were brought regarding concerns to attorney-client privilege during discussion of bringing in Burns’ previous attorney from 2015 as a witness. 

Judge Demeo ruled parties could only question the attorney on facts, rather than opinions. 

Parties are slated to reconvene Oct. 15.