David Anthony Burke, known professionally as “D4vd,” built his fanbase through indie-pop songs that went viral on TikTok. Now, he is facing a three-count felony complaint in the Superior Court of the State of California for the County of Los Angeles, with charges that expose him to the death penalty. Here is what the complaint actually alleges, what each charge means legally, and why the defense’s courtroom strategy is already drawing attention.
Background
In April 2024, thirteen-year-old Celeste Rivas Hernandez was reported missing after running away from her home in Lake Elsinore. During the period after she left home, prosecutors allege she continued a sexual relationship with Burke and regularly stayed at his Hollywood Hills home. According to the complaint, the abuse began around her 13th birthday and continued for approximately a year. How the two originally came into contact has not been disclosed by prosecutors or law enforcement in any public filing.
Celeste returned to Burke’s residence on April 23, 2025– the last day she was seen alive. On September 8, 2025, her dismembered remains were discovered in the front trunk of a Tesla registered to Burke’s address. The medical examiner determined she had been deceased for an extended period before the discovery.
At the time her remains were found, Burke was in the midst of a world tour promoting his debut album, having amassed tens of millions of monthly listeners on Spotify and a massive TikTok following. He canceled the remaining tour dates shortly after the discovery and largely withdrew from public life.
After the discovery of Celeste’s body, authorities were near-silent for months. LAPD Chief Jim McDonnell later explained that the advanced state of decomposition made determining a cause of death exceptionally difficult, and that the substantial gap between Celeste’s death and the discovery of her remains meant that crucial evidence had already degraded or disappeared. Three separate grand juries were convened to hear investigative evidence, though none returned an indictment.
On April 16, 2026, seven months after Celeste’s remains were found, Burke was arrested and held without bail. Four days later, the Los Angeles County District Attorney formally filed charges.
The Charges
The centerpiece of the felony complaint is Count 1: first-degree murder under California Penal Code Section 187(a), alleged to have occurred on or about April 23, 2025. Murder in the first degree in California requires proof of premeditation and deliberation, or that the killing occurred under specific enumerated circumstances. Prosecutors are pursuing three separate “special circumstances” enhancements, each of which independently elevates the charge to a capital offense.
The first special circumstance is “lying in wait” under Section 190.2(a)(15), which requires proof that Burke concealed his purpose and launched a deliberate, premeditated attack. The second alleged “murder for financial gain” under Section 190.2(a)(1). Prosecutors contend Burke killed Celeste because she threatened to expose their relationship, jeopardizing his career. That theory relates to the third special circumstance, murdering a “witness to a crime” under Section 190.2(a)(10), premised on the allegation that Celeste had knowledge of ongoing sexual abuse and was silenced before she could report it. If convicted with any one of these special circumstances, Burke faces either life without parole or the death penalty.
Count 2 charges Burke with continuous sexual abuse of a minor under Penal Code Section 288.5(a), carrying six to sixteen years in state prison. Beyond its own sentencing range, this count is the foundation for the “murdering a witness” special circumstance in Count 1.
Count 3 charges unlawful mutilation of human remains under Health and Safety Code Section 7052, alleged to have occurred approximately two weeks after Celeste’s death. The autopsy confirmed her body had been dismembered, with the head and arms severed. No weapon has been recovered, though the complaint separately alleges Burke used a sharp instrument during the murder itself.
The Defense’s Unusual Preliminary Hearing Strategy
Perhaps the most legally interesting development so far is how Burke’s defense team has chosen to respond to the charges. Rather than seeking delay, the typical posture in a high-profile case with voluminous discovery, his attorneys exercised his right under California law to a preliminary evidentiary hearing within ten court days of arraignment. Superior Court Judge Charlaine F. Olmedo scheduled the hearing to begin May 1, running four to five days.
In a preliminary hearing, the judge does not determine guilt or innocence. Rather, the standard is whether there is probable cause to send the case to trial. By demanding the hearing so quickly, Burke’s defense attorneys are forcing prosecutors to lay out their evidence in open court at an unusually early stage, before the defense has received full discovery. One reason for the defense’s aggressive timeline may be transparency. Given how much of the investigation has been conducted under seal or in secret grand jury proceedings, the defense simply wants the evidence visible. Notably, no grand jury indictment was ever issued against Burke, which the defense has flagged as significant.
What’s Next
Burke has pleaded not guilty to all charges and remains held without bail. His defense team has been unequivocal in public statements that the evidence will ultimately exonerate him. The open preliminary hearing beginning May 1 will be the first opportunity for the public to see the prosecution’s case in court, and will determine whether the case proceeds to trial.
Sources
People of the State of California v. Burke, No. 26-cjcf-02399 (Superior Court of California, County of Los Angeles Apr. 20, 2026) (Felony Complaint).
Brandon Livesay et al, D4vd charged with first-degree murder over death of teenage girl, BBC (Apr. 20, 2026).
Doha Madani et al, Singer D4vd charged with murder in death of teen girl found in trunk of his car, NBC News (Apr. 20, 2026).
Andrew Dalton, Judge sets date for evidence against singer D4vd in killing of 14-year old to be presented, PBS News (Apr. 23, 2026).
As a second-year law student at UB Law, I've found my calling at the intersection of sports, labor law, and collective bargaining. Growing up watching professional basketball and football, I was always captivated by the games, but in law school, I developed a deep interest in what happens off the court and field.
I'm particularly drawn to the high-stakes world of CBA negotiations, where leagues and players' unions negotiate over revenue sharing, workplace protections, and compensation models. Through this blog, I analyze the legal strategies behind sports headlines, breaking down complex labor disputes, arbitration cases, and contract negotiations.
This is where my love of sports meets my dedication to law. Welcome to the conversation!
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