By admin 
HangupsMusic.com – Los Angeles, A Los Angeles County Superior Court judge has ruled that prosecutors have presented sufficient evidence to advance the murder case against musician David Anthony Burke, professionally known as D4vd, to a full trial. The decision came after a five-day preliminary hearing, where Judge Charlaine Olmedo concluded that the prosecution had "met their burden of proof" on all charges. Burke, who stands accused in the death of 14-year-old Celeste Rivas Hernandez, is now ordered to answer to the allegations, with his formal arraignment scheduled for August 31st.
The legal proceedings have cast a somber shadow over the career of the emerging artist, as intricate and deeply troubling details surrounding the alleged crime were laid bare in the courtroom. At the heart of the prosecution’s argument is the assertion that Burke, described by Deputy District Attorney Beth Silverman as a "very clever adult," engaged in a pattern of sexual abuse, manipulation, and ultimately, murder against the minor.
Deputy District Attorney Beth Silverman, presenting the state’s case, depicted a disturbing narrative where Burke allegedly sexually exploited Rivas Hernandez over an extended period. Silverman contended that Burke systematically "gaslit" the teenager, creating a dynamic where he convinced her that the alleged sexual encounters were consensual and initiated by her. This emotional manipulation, prosecutors argued, led to severe psychological distress for Rivas Hernandez, eventually pushing her to threaten exposure of the abuse. It was this threat, according to the prosecution, that served as the catalyst for the alleged murder.
Beyond the primary murder charge, Burke also faces serious special circumstance allegations, including that the killing was committed for financial gain and to prevent Rivas Hernandez from reporting the alleged abuse to authorities. Additionally, he is charged with continuous sexual abuse of a child under 14 and unlawful mutilation of human remains. The latter charge stems from the prosecution’s claim that Burke dismembered Rivas Hernandez’s body in his garage using a chainsaw, subsequently placing the remains into a cadaver bag and a laundry bag, and concealing them in the front trunk of his Tesla vehicle.
The defense, led by lawyers Marilyn Bednarski and Blair Berk, vigorously challenged the murder charge, arguing that the prosecution had not presented adequate evidence to establish Burke’s intent to kill. During the preliminary hearing, Bednarski asserted that Rivas Hernandez had voluntarily come to Burke’s residence on the night of April 23, 2025, the date of the alleged incident. Bednarski further suggested that Burke was engaged in a multiplayer virtual-reality game in the moments leading up to her arrival, refuting the notion that he was preparing to commit a crime.
In her arguments, Bednarski pointed to numerous text messages exchanged between Burke and Rivas Hernandez, which had been presented as evidence. She contended that these communications demonstrated "the opposite of homicidal animus," emphasizing that Burke had "repeatedly expressed his love and care [for Rivas Hernandez] even after they broke up." The defense’s challenge during the preliminary hearing focused specifically on the murder count, not disputing whether prosecutors had met their burden for the charges of continuous sexual abuse or unlawful mutilation of human remains to proceed to trial.
Bednarski specifically addressed the allegations of dismemberment, arguing that such actions, if proven, constituted "post-mortem conduct" that offered no insight into "what caused the death, when, where or how." She maintained that "there is no evidence of a deliberate intention to kill" and that "we cannot impute malice from concealment." The defense lawyer concluded that, without direct evidence of intent, what remained was "suspicion of concealment of a death, which is not murder," and urged the court to decline holding Burke accountable for the murder charge.
However, Deputy District Attorney Silverman countered these arguments by stating that the evidence supporting a murder trial was "overwhelming." She reiterated the prosecution’s theory of a prolonged period of abuse and grooming, emphasizing the vulnerability of the young victim. "We have a minor who was sexually abused for many, many months. She was groomed," Silverman stated, adding, "She was being gaslit. The defendant was telling her over and over again that this was sex she asked for, and he just went along with her. This is very obvious grooming."
Silverman detailed that the text messages between Burke and Rivas Hernandez were explicit in nature, containing discussions about contraception, potential pregnancy, and abortion. She asserted that even after Burke purportedly ended their relationship in late 2024, he "unfortunately continued to use the victim for sex." Silverman highlighted the profound emotional and psychological impact this alleged manipulation had on Rivas Hernandez, citing messages that revealed her struggles with mental health issues stemming from the relationship. "She wanted to have a future, and yet she had enough maturity to indicate to this adult that she was clearly head over heels in love with that she wanted more for herself than hanging out and having sex," Silverman passionately argued.
Adding another layer of complexity to the defense’s case, Detective Corey Farell of the Los Angeles Police Department, the final witness at the preliminary hearing, returned to the stand for cross-examination. Defense lawyer Blair Berk questioned Farell about a series of text messages Rivas Hernandez sent to Burke on April 22, 2025, the night before the alleged murder. These messages reportedly revealed Rivas Hernandez’s intense jealousy over Burke’s relationship with another woman, Aysia Collins, who had accompanied him to Coachella weeks prior.
One particularly inflammatory message from Rivas Hernandez, read aloud in court and displayed on screen, stated: "Oh my fucken god I swear to GOD I will kil u she was in my dam seat I will strangle u to fucken death bro I will tell my dad so many fucken lies about u dead ass I will end ur career and ur life I will damage anything." The defense used this communication to suggest a volatile dynamic in the relationship, potentially challenging the narrative of Burke as the sole aggressor.
Furthermore, Berk pressed Detective Farell to confirm that Rivas Hernandez’s parents were aware of her continued association with Burke, even after they had previously reported her missing. Farell confirmed that his investigation uncovered a four-page, notarized consent form, signed by Rivas Hernandez’s parents, which permitted her to travel with Burke to London in September 2024. This detail introduced a facet of parental awareness and consent, which could become a significant point of contention as the case progresses to trial.
Following the conclusion of final arguments, Judge Olmedo rendered her decision, finding sufficient grounds for the case to proceed. The arraignment in late August will be the next critical step, where Burke is expected to formally enter a plea to the charges. The musician remains in custody as the legal process continues to unfold, marking a significant and troubling turn for an artist whose career was just beginning to gain momentum.
