The possibility of a death sentence entered the courtroom this week as the criminal case against singer D4vd moved one step closer to trial. Following a five-day preliminary hearing, the BBC reports a Los Angeles County judge ruled there is enough evidence for David Anthony Burke to stand trial on charges that include first-degree murder, continuous sexual abuse of a child under 14, and unlawful mutilation of human remains. This is in connection with the death of 14-year-old Celeste Rivas Hernandez.
The ruling itself was expected after prosecutors laid out their evidence. However, one of the most significant developments involved the "special circumstances" attached to the murder charge. Under California law, those allegations can make a defendant eligible for the death penalty or life in prison without the possibility of parole if convicted.
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A Judge Makes A Ruling
Judge Charlaine Olmedo determined prosecutors presented sufficient evidence to allow the special circumstance allegations to move forward. Those include claims that the killing was carried out for financial gain, involved lying in wait, and was committed to eliminate a witness. Prosecutors reportedly claim Burke had a financial motive because Hernandez allegedly threatened to expose their relationship, which they claim could have damaged his rapidly growing music career. During Monday's hearing, jurors heard text messages Hernandez allegedly sent on April 22, 2025, warning she would "end" Burke's career following an argument involving another girl.
According to prosecutors, Burke arranged for an Uber to bring Hernandez to his Hollywood home the following day, where they allege she was fatally stabbed. Moreover, the financial gain allegation is notable because prosecutors are not claiming Burke stood to receive money directly from Hernandez's death. Instead, they argue the alleged motive was protecting the earning potential of his career by preventing damaging information from becoming public.
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The defense painted a much different picture during the hearing. Burke's attorneys contended prosecutors failed to establish probable cause. They pointed to evidence they say raises questions about the timeline and forensic findings. They also noted investigators acknowledged Hernandez had lied about her age to Burke, claiming she was older than 14.
Defense attorney Marilyn Bednarski also alleged that Hernandez's parents were aware of the relationship and had previously signed paperwork allowing their daughter to travel overseas with Burke. Further, questions surrounding physical evidence also surfaced during testimony. Prosecutors alleged Burke purchased body bags, shovels, inflatable pools, and chainsaws after Hernandez's death. It was claimed those items were used to dispose of her body. However, a Los Angeles Police Department criminalist testified that chainsaws recovered from Burke's garage tested negative for blood, while another saw that investigators believe was purchased has not been recovered.
Meanwhile, despite the special circumstance findings, prosecutors have not yet decided whether they will seek the death penalty. Hochman said that determination will be made at a later stage in the proceedings. Burke has pleaded not guilty to every charge. He is scheduled to return to court on August 31 for arraignment, with trial expected to begin within 90 days of that hearing.
