Law&Crime Sidebar - 5 Grisly Details Exposed in D4vd Murder Complaint

Episode Date: April 21, 2026

David Anthony Burke, a singer/songwriter who uses the stage name D4vd, is behind bars in California months after a teen girl, Celeste Rivas Hernandez, was found dismembered inside the trunk of a Tesla reportedly registered to Burke. Law&Crime’s Jesse Weber and trial attorney Rich Schoenstein break down D4vd's tense first court appearance, where his defense demanded an immediate, open preliminary hearing and the release of the sealed coroner's report. PLEASE SUPPORT THE SHOW: Grow your own audience today – go to https://www.opus.pro/sidebar for 1 week free plus 50% off the first 3 months of Opus Pro. HOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael Deininger, Christina O'Shea, Alex Ciccarone, & Jay CruzScript Writing & Producing - Savannah Williamson & Juliana BattagliaGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrimeTwitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

We believe that Mr. Burke is entitled at the earliest opportunity to an open preliminary hearing and the proceedings not be done in secret. So we are asking for a preliminary hearing to be said at the earliest possible date. David was in court. The criminal complaint, including the complex murder charge, has been made public. And I interviewed the Los Angeles County District Attorney about what is going on right now. A lot to get into with the latest in the murder case of David. the man accused of brutally killing a 14-year-old girl.

We want to break down the statements, what to expect from an upcoming hearing, whether this is a strong case, what the evidence may be, is there a tension between the LAPD and the DA on charging David? A lot to get into. We're going to start right now. Welcome to Sidebar, presented by Law and Crime. I'm Jesse Weber. By the way, if you're into content creation, if you're putting things out on social media,

have you ever wondered how we're able to share so many of these clips, from all of these cases, all of these stories so quickly as they're all unfolding. Here's a secret. Not a secret, I'm gonna tell you what it is. Opus clip. It's an all-in-one AI editor that makes it so easy to cut, create, and upload videos across any platform.

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means that our producers can get you viral courtroom updates instantly. This is the most powerful tool there is to share ideas and edit like a pro. So go to opus.com slash sidebar to get a free week and then 50% off. So a lot more David News. We got to break down. We have the criminal complaint. We have his first court appearance. I have my interview with the Los Angeles County District Attorney regarding the timing of these charges

because there was a theory that the LAPD and the DA's office, maybe they weren't on the same page. We have a statement from David's family, so much to get into. And I also want to bounce this off of my guests later on in the show to make sense of what may be happening behind the scenes, okay? Now, this piggybacks off of what we talked about yesterday when the 21-year-old singer, the romantic homicide singer, was officially charged by the LADA in connection with the death of 14-year-old Celeste Rivas Hernandez, whose decomposed, dismembered body was found in the trunk of a Tesla, reportedly registered to David back on. September 8th, 2025. Now, to be clear, before I even get into the criminal complaint, David is innocent until proven guilty, okay? These are merely allegations, okay? They haven't been proven in a court of law. Just want to make that clear. Now, I'll tell you what, instead of going to the presser from yesterday that was held by the LADA, because we played all

of that in our prior episode from yesterday, what we didn't have yesterday when we did that episode, but we have right now is the official criminal complaint. It was filed. It has been released. We have our hands on it. So let me read to you. On or about April 23rd, 2025, in the county of Los Angeles, the crime of murder was committed by David Anthony Burke, who did unlawfully and with malice aforethought murder Celeste, a human being. So you're talking about it premeditation. You're talking about an intent to kill. It is further alleged that the murder of Celeste was intentional and was carried out by the defendant David Anthony Burke for financial gain. It is further alleged that Celeste was a witness to a crime and was intentionally killed because of that fact.

It is further alleged that the murder of Celeste was committed by David Anthony Burke and that the defendant intentionally killed the victim by means of lying in weight. It is further alleged that in the commission and attempted commission of the above offense, David Anthony Burke personally used a deadly and dangerous weapon, sharp instrument. By the way, what you're seeing here are special circumstances allegations that could enhance the penalty. So you're talking life in prison, you're talking potential death penalty, even though there's a moratorium on executions in California. So originally when you had a murder charge, it would be, what, 25 to life with the possibility of parole. If the jury sides or believes that these special circumstances occurred beyond a reasonable doubt, then you're talking about that enhancement. You're talking about life in prison about the possibility of parole or, again, even the death penalty. And look, we knew that he was being investigated for murder.

We didn't know these particular theories, right? The main theory here that was revealed by prosecutors was that Burke allegedly invited Celeste to his house, at which point he was lying in wait to murder her, to kill her, because she was allegedly going to report or expose her alleged sexual relationship with David in some way, that that is a crime because she was a minor. So, again, the circumstances of that are not. entirely clear. I don't know how they're going to prove that, but that seems to be their main theory, which brings me to the next charge. On or between September 7th, 2023 and September 7th,

2024 in the County of Los Angeles, the crime of continuous sexual abuse in violation of penal code, Section 288.5. A felony was committed by David Anthony Burke, who did unlawfully engage in three and more acts of substantial sexual conduct and three or more lewd and lascivious acts with Celeste, a child under the age of 14 years, while the defendant resided with and had recurring access to the child. So not just one alleged occasion, but multiple pattern here. Again, how they'll be able to prove that, maybe texts, witness testimony, videos, I don't know, photographs, it will be interesting. Honor about May 5th, 2025 in the county of Los Angeles. The crime of unlawful mutilation of human remains was committed by David Anthony Burke,

who did willfully and unlawfully mutilate remains known to be human, specifically the remains of Celeste. Now, you're going to see this more from court in a minute, but David's legal team went on the defensive, okay? They issued the following statement. The actual evidence in this case will show that David Burke did not murder Celeste Revis Hernandez, and he was not the cause of her death. Such specific language there. Now, in a separate statement on Monday, a lawyer for Mr. Burke's family, Kent Schaefer, said, the Berks are not surprised but are terribly disappointed that the district attorney chose to charge David.

Nevertheless, they support and stand by him 100%. Patrick Steinfeld, a lawyer apparently for the Rivas Hernandez family, said in a statement that family members were, quote, committed to ensuring that Celeste voice is heard and added that upon learning of David's arrest, her father, Jesus Rivas, said, thank God justice for Celeste. And then we go to what happened later on in the day yesterday. David's arraignment, okay, where the defense requested an immediate preliminary hearing. I'm going to explain this afterwards, but take a look.

Counsel, on behalf of your client, do you waive formal reading of the complaint, advisement of rights, including armed forces and veterans rights, and are clearly not guilty, denying any and all special allegations, enhancements and partners? Yes, Your Honor. I request a, you're requesting a preliminary hearing within the period. Yes, Your Honor. From the media reports, apparently there have been four months of secret grand jury proceedings. We believe that Mr. Burke is entitled at the earliest opportunity to an open preliminary hearing and the proceedings not be done in secret.

So we are asking for a preliminary hearing to be set at the earliest possible date on the 10th. day, Your Honor, we believe the actual evidence will show David Burke did not murder Celeste Rivas Hernandez, nor was he the cause of her death. And we would like to be able to have the evidence come into the light of day at the earliest opportunity in order to establish that. We're asking for April 23rd as a 3 of 10, Your Honor. So maintaining his innocence, saying he didn't murder her, not the cause of her death. Again, find that interesting, because I do wonder, what are you saying here? That there's going to be a battle of experts. It's not entirely clear what caused her death. Are you going to be pointing the finger at someone else? It goes to the

idea of the preliminary hearing. So as opposed to a grand jury, which is a secret proceeding, it's more one-sided. You have jurors. You just need a majority to determine there's probable cause, to indict. Here you go to a court. A court, you present the evidence by the prosecution to suggest there's probable cause for this case to move forward. The defense has an opportunity to fight back, though, at this hearing. And it's interesting that they're asking for this immediate. They want to put the pressure, it seems, on the prosecution. So again, not the typical grand jury route. I want you to keep that in mind because, again, I interviewed LADA, Los Angeles District Attorney Nathan Hockman, who filed these charges. You'll see what he had to say in a minute. But from there,

you get a back and forth in court yesterday on discovery, you know, the evidence in the case, back and forth on the corridor's report because as we know the emme's findings have been sealed but as you're about to see maybe not for long we have been given almost no discovery thus far we received a three-page uh follow-up report uh no autopsie report and a copy of the complaint and we would ask the people uh respectfully to produce discovery at the earliest opportunity Your Honor, as I've indicated to counsel, there's approximately 40 terabytes of discovery in this case. Moreover, in order to obtain the transcripts from a grand jury investigation, counsel has to file a motion. She knows the way the system works.

I'm not able to gather those. They have to be provided after report orders that release because it was an investigation. Second of all, if counsel plans on going to a preliminary hearing within the 10 days, it is unlikely that there will be very much discovery provided within that period, given the voluminous nature and how long it's going to take to copy onto drives. In addition to that, the coroner's report was sealed in this case in order to prevent it from hampering truthful testimony from witnesses that testified at the grand jury. so an order will also have to be obtained in order to get the coroner's department,

which is now the medical examiner's department, to release those materials. Your Honor, it's surprising news given the district attorney's office held a press conference this morning where they discussed the cause of death apparently under seal and not released by the coroner's office, as did the robbery homicide unit to the press. So we would again reiterate, we believe that Mr. Burke is entitled to discovery. We have served the people with notice. They have 15 days to produce discovery in this case. We would ask that they do that in conscientious earnestness and as quickly as possible.

I'd ask the court to make an order today. We'll take a copy of the minute order ordering the Department of Medical Examiner to release their court. report in this case. Thank you. The court will order that the medical examiner released the report in this case. So it appears that that medical examiner report is going to be released. And when that autopsy report comes out, that will hopefully fill in a lot of the blanks in terms of cause of death, what authorities believed happened to Celeste, the potential use or the alleged use of this sharp instrument. And as Huckman indicated in his press conference yesterday, he said the coroner has come up with a conclusion.

Speaking of the L.A. I spoke with him, Nathan Hockman, on my News Nation show, Jesse Weber Live last night. And among other things, I asked him about why David wasn't charged on Friday when he was arrested, when apparently there were these grand jury proceedings that were underway, whether there was any tension between the LAPD and the DA. Like, maybe something happened in the grand jury proceeding. Something was a hold up and they couldn't get back an indictment. and the LAPD arrested David, put pressure on the DA's office to charge. Here was his response. There's an investigative grand jury that hears testimony, can receive documents through subpoenas, and then there's an indictment grand jury. While we can't comment yet until the grand jury transcripts are unsealed by a court, I can't even confirm that a grand jury has occurred. There have been media reports that certain individuals, both cooperative witnesses and

uncooperative witnesses went in front the grand jury. So there was this report that perhaps you weren't on the same page when it came to charging David. Your response? That's completely unfounded. We have been on the same page working in lockstep with the LAPD robbery homicide since they picked up this case in September of 2025. And basically made the argument that preliminary hearings are common here, again, that they're lockstep on the same page. But obviously I'm made of questions here. I really want to know where this is going to go. What are we reading behind the lines? What is the strength of the case? What is the strength of the evidence? I want to bring on friend of the show, friend of mine, trial attorney, Rich Schoenstein. Rich, always good to see you.

Thanks for taking the time. There's so much to break down here. First of all, the charges. We anticipated that there was going to be a murder charge, right? What we didn't anticipate, or at least I'll speak for myself, multiple theories here, right? Multiple special allegations, lying in weight, witness, financial gain. I didn't see that. And also the sex crimes charges, right? I mean, that was another big one where there had been this thought, if you want to charge David, if you want to go after him, is there not evidence that he was allegedly involved in a sexual relationship with a minor? You could have arrested him earlier on and then figured out the homicide charges. So I'm made of questions here.

First, let me ask you the murder charge and the way that they're charging it. It seems like they're going different paths towards a potential conviction. Yeah, well, they have three different, you alluded to it, they have three different special circumstances. They have the theory that, well, lying in wait under the theory that he, I guess, was waiting for her, that he did it for financial benefit and that he did it because she was a witness to the crimes, which takes you back to the sex crime part of it. She was the key witness to those. And those are all special circumstances that get you up to murder one and even potentially make it a death. death penalty eligible case. How do they prove that?

Again, I interviewed Nathan Hockman. He wouldn't reveal too much about that. Obviously, it's an ongoing case. But how are they going to prove that he specifically was lying in wait, that he lured her to the house, that he was concerned about his career, about her exposing him or allegedly exposing him? So I don't know sitting here today how they're going to prove any of it, except that obviously they can prove that she's dead and that her body was dismembered, right?

Those are the only things and where the body was found. Those are the facts that we know. I imagine through witnesses they can establish her relationship with David. So can probably prove that. But how do they prove without witnesses that it was a sexual relationship? How do they prove without witnesses that he is the killer? I think the theory is he lured her in, murdered her, and dismembered her. How are they going to prove that he did that?

that as opposed to somebody in his ambit or somebody else. A lot of it has been she went to the house, she was never seen again. And that is like what they really focused on. Obviously, they didn't get into more details. But I guess that piece of circumstantial evidence, right? They didn't say there was a smoking gun. They said it was the totality of the evidence. They can show she showed up to the house and was never seen again.

And it was a property that was in, you know, I don't, you know, I don't think it was necessarily one that he owned, but that was rented for him where he was staying at. I guess they will establish what, that he was the only one in the house? Maybe there's nothing wrong with circumstantial evidence. There's lots of these cases are built on circumstantial evidence. So the circumstantial evidence is her body was found in his car and it was dismembered. So that is circumstantial evidence. She had a relationship with him.

I guess there's evidence that she went to the house. But I don't think we know all the evidence they have because we haven't had this preliminary hearing yet. We haven't seen it. We're going to find out more about the evidence. And the things I'm looking for, what is the scientific evidence, right? They examined her body. What did they find? Did they find his DNA?

And what is the witness testimony that they have? Because there's been references to cooperating and non-cooperating witnesses. who exactly is going to say what? I would imagine that's been a lot of the reason these proceedings have been delayed and pretty secretive. By the way, so you heard me have the back and forth with Nathan Hockman last night, and he said, look, LAPD, DA's office,

we've been in lockstep, that, you know, in L.A., there's an investigative grand jury that just hears witnesses and maybe locks in testimony, right? And there's a difference between a grand jury that indicts. And there's still people who will look at this and say something's maybe not adding up, right? I mean, even Nathan Hockman said you have cooperating, non-cooperating witnesses. But I guess the question would be, does it make sense to you that he was arrested and then charged versus indicted through a grand jury arrested? But now they have to go to a preliminary hearing in front of a judge, which I do wonder, is it easier to move forward in a case in a preliminary hearing versus a grand jury?

I guess there's a bunch of questions there as we think about it. It could make sense to me. You know, again, there's so much here that we don't know about how they got to this point. And you have to choose the strategy if you're a prosecutor. In theory, it's easier to go to a grand jury because it's completely one-sided. And grand jury is usually signed on to what the prosecutors want. That's just a fact of life. So you would think, in theory, it would be easier to go to the grand jury.

have to be able to present your evidence, and I don't know if there were challenges to presenting the evidence. I don't know if there was a feeling at some point that we just have to move forward and get him arrested and get him off the street. We can't wait anymore to finish this grand jury process. We don't have all the witnesses yet. I don't know what the holdup was. So I'm not going to assess the strategy when I don't have complete information. Sometimes it proceeds this way and they go to a preliminary hearing and we will find out then more than we know now about what the evidence is. And I mean, he made it seem LAPD, DA's office, we're in lockstep. I asked them, I said, you know, there is a theory here that LAPD made the arrest, put the

pressure on your office to charge because there was some hang up in the grand jury and he goes it's unfounded. I interviewed Mark Garagos afterwards and he seemed to disagree. You know, one of the things I thought was interesting and I mentioned this to Hockman last night was like when there was an arrest, your office came out and said, we are aware of the arrest. Right? That doesn't necessarily, like, we're in this together. We knew about it. I don't know. I don't know. I mean, I have a little bit of suspicion there, too. The best case would be that they are in lockstep, that they are working together. They are getting along. I suppose pretending to work together is second best. At least they're not actively being hostile with each other. But I don't know what the truth is. If there was a hang-up in the grand jury, what is it?

If I'm reading between the lines and he says, uncooperative witnesses, why would you need them? Why would you need them? Let's say even you had, isn't there maybe the digital evidence, the forensic evidence enough to establish these potential charges, the probable cause for these charges? Even if you had uncooperative witnesses, what role would they play? I would think that you had enough evidence to get an indictment in the grand jury. Now, I'm just going to wildly speculate here. Suppose non-cooperating witness means we put on a witness in front of the grand jury and they didn't say what we thought they were going to say. And it mucked up our whole presentation because now some witness pointed the finger at somebody else or surprised us or just didn't tell the story we thought they were going to tell.

And so now we're left with this grand jury proceeding. We need to present more evidence. We need to hold the grand jury over. We're not totally sure we're going to get an indictment. so we're just going to do it this other way. This went into another question that I had with him. If the allegations are true, it may be hard for people to believe David allegedly did this all on his own.

Singer who allegedly kills this 14-year-old girl, dismembers her, stuffs her into the trunk of his car in bags. It's a lot for one person to theoretically do, and yet he's the only one charged, which begs the question, are they cooperating witnesses? And you're going to make deals with somebody who potentially was a moment? involved in this? So, well, you ask a good question, and you said a lot of things about David, and the thing you didn't say is he's very young. Yeah, 21 years old. So there's 21-year-old kid, and I'm

sorry, 21 is still a kid, right? Well, I will tell you, by the way, I get a lot of heat online. People say, don't call him a kid. He's a man. He's a man. He is legally a man who be tried as an adult, but in terms of decision-making, I think if you talk to medical people, they will tell you your brain is not fully formed until you're like 26 years old. But put that aside. It is hard to imagine him on his own concocting the plan, committing the murder, doing the dismembering, going out and getting body bags, putting them in the trunk of his car, entirely on his own.

That does seem to me implausible. It seems to me more likely that there was somebody else involved on one or more parts of that. And that could be what this investigation has been having to deal with. When I listened to the press conference, when I listened to Hockman last night, it seems to me they are not completely closing the door and charging somebody else. And if you're asking me what would change, whether or not that person decides to cooperate. If they decide to no longer cooperate, maybe they would be charged. I might be 100% wrong, but is that what's maybe going on? That sounds totally plausible. The idea in these kind of scenarios that you have people who are

deciding if they want to be witnesses or defendants. And remember, if there are people who were involved, they don't want to testify adverse to him. If they're friends of his, they don't want to testify adverse to him. There's different kinds of help, right? There could be people who helped plan it. There could be people who helped do it. There could be what we call accessories after the fact. There could just be people who know about it or think they know about it. And so if you're a prosecutor, your pitch to a lot of those people is, do you want to be a witness or do you want to be a defendant? Yeah.

And it depends. If they think that he is the one who is really responsible for this horrible, violent act, then they will make deals with others in order to pin the responsibility on him. What about this idea? I thought it was very interesting

where the defense says that not only did David not murder Celeste Rivas Hernandez. He's not the cause of her death. That's very specific. It makes, me wonder, is there a debate about how she died? Is there a debate about what caused her death? And, you know, are we talking? There might be a battle of medical experts to determine. I mean,

we don't, again, at the time of this recording, we don't even have the autopsy report. We don't know the cause of death. But am I wrong in thinking that's maybe where they're going? And I don't think they have that record either. That is what I thought when I heard that language, too, he is not the cause of her death. Are they going to say the death was accidental, but some people, one or more people tried to get rid of the body. Or are they going to say somebody else did it and then one or more people try to get rid of the body? Are they going to say David, at the end of the day, are they going to say David didn't do it, had no connection, had no knowledge of it. But when you make a more limited statement like he was not the cause of the death, that leads you to suspect

say more nuanced defense. Yeah, in court they indicated they didn't have the autopsy report. That's why the court said we're going to basically release it. So how can they make a statement like that unless he told them something? Yeah, right. So they would have to have information about how it was she did die, which means he is involved at some level. And then the question would be, even if you're not responsible for the death per se, there

are other crimes here that appear to have been committed. I mean, starting with the sex crimes because it sounds like this legal adult, as you say, was having a relationship with a 13-year-old, which is not legal. And look, the state of her body, the decomposition, the dismemberment, I do wonder if that's going to complicate cause of death. I remember in the press conference, he indicated Nathan Hockman indicated that the coroner, the medical examiner did come up with a conclusion as to cause of death. But if they're debating it, the defense, I wonder if there's room.

Yeah, I think that defense would point, you know, the defense is going to put the prosecution to the test of proving cause of death and then of tying that cause of death to this defendant. That's going to be the difficult aspect. And the prosecution's going to try to help that with this motive stuff, right? She was going to be a threat to his future impending stardom. and she was a witness to things that were criminal acts, and therefore he wanted her out of the way. That's why they're going to lean into motive in the prosecution of this case. You didn't even have to prove motive generally to get a murder conviction, but it helps.

Let's just take a step back. We talk so much about this preliminary hearing. Some people might be like, what are you talking about? What is a preliminary hearing? So if you can explain what a preliminary hearing is, and why the defense would want it immediately? Like, they want a preliminary hearing as soon as possible. Yeah, the defense, so that is a key strategy decision that defendants always have to make.

Sometimes they waive a preliminary hearing because they don't want the evidence presented publicly and they know what the evidence is and they don't want to see it right away. Sometimes they insist on a preliminary hearing. It is an in-court presentation of the evidence of the probable cause for these charges. It's not a full trial on the merits, but it's a presentation by the prosecutor. of the evidence they have. And if your strategy includes a possible argument that they didn't even have enough evidence to charge this,

then you want to have the preliminary hearing right away and put the prosecution to the test. Show us what you have. And if you suspect that your prosecutors don't really have their heart in this prosecution, that the police are pushing them, which is one of the theories we went over, then you maybe that,

makes you want to put him to the test. Make them go to court. Make them put this evidence on. We want to know exactly what they have, exactly what they're saying, and we want to be able to challenge it right now. How much of the evidence from the prosecution is usually presented in a preliminary hearing versus a trial down the road? A lot of it. I mean, there's not much reason. And cases develop and investigations develop. Yeah, yeah. Investigations developed. I mean, for example, if you had scientific evidence, which you should have by the time you'd get to a preliminary hearing, there'd be no reason. not to present that. If you have basic evidence about their relationship and your theory of the

case, you would present that. And would we know who potential cooperating witnesses are? Maybe. Maybe. And right, because that's another issue as to how quiet they're trying to keep that. They've got to disclose it to him at some point. So, yeah. Okay. Look, this is a very big development. There's things that are rapidly happening almost every day now. At the time of this recording, We're still waiting for the autopsy report to be released. And I asked Nathan Hockman about this last night. But I imagine that's going to fill in a lot of pieces of this puzzle. I mean, if he's talking about a sharp instrument,

if they were talking about what the cause of death is, that autopsy report is going to say a lot. What would you be looking out for there? Yeah, well, I want to see what it says is the cause of death and is it conclusive. And does that support the theory of the case that this 21-year-old committed this crime, committed the murder, Well, we'll get to the other stuff, and then you have to figure out how are they proving he committed the dismemberment.

That's a separate issue. But people want to know what the cause of death was and how certain they are on it. As you know, sometimes autopsy reports aren't certain, and that's a problem in this kind of process. Look, I think it's going to be really, really interesting to explore this and see where it goes. Because, again, it's seven months that people have been waiting for some sort of answer. And to be clear, David is innocent until proven guilty. His attorneys are saying that he didn't do this. So we will see what happens.

We'll see it happens when the preliminary hearing happens. Rich Schoenstein, thanks for taking the time. Appreciate it. Always glad to come in. Of course. Good see you. And that's all we have for you right now here on Sidebar. Everybody, thank you so much for joining us.

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