Description:

Fairfax, Virginia voluntary manslaughter criminal defense lawyer represented the Defendant.

This case involves a fight between two groups of South County high-school students that began with heckling over social media and ended in Burkard's committing a double homicide. In April 2021, Burkard and his friend, Nicholas Guidinetti, exchanged combative snapchats with Isaiah Stoudemire. Stoudemire was friends with Ersheen (the first victim) and Calvin (the second victim).[1] The two groups quarreled over Ersheen's clothes-and-drugs business, the "One Way" organization. Burkard claimed in social-media posts that One Way peddled low-quality drugs and stolen designs.

On April 24, Burkard posted a video of himself in a car, pointing a handgun at Ersheen's residence. Guidinetti was in the car with Burkard. The two of them hurled expletives, taunting Ersheen to "come outside." Burkard threatened to shoot him "right now." Burkard also posted a video showing a shotgun, a handgun, and a stash of ammunition. Burkard can be heard boasting that he was "just waiting" for Ersheen. Burkard also messaged Stoudemire that "Ur boy gonna

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be 6 feet under." Burkard wrote that he would "curb stomp" Ersheen in the South County High School parking lot. That night, Burkard slept over at Guidinetti's house.

The next day, Ersheen messaged Stoudemire that Guidinetti "kept bothering him" on social media and wanted to fight him. Ersheen had agreed to fight Guidinetti and wanted Stoudemire to "back him up." Their friend, Matt Mulugeta, drove his car to pick them up, and the group then picked up Calvin. No one was armed. The group drove to Guidinetti's house but parked several houses away. Walking toward the house on foot, they encountered Guidinetti in the driveway, in front of the garage. When Ersheen and his friends entered the garage, Guidinetti walked inside as well, closing the garage door behind him.

Burkard was still in the house and had not yet walked to the garage. But he sent snapchat messages to an acquaintance that "They already here," "They wanna scrap," "We just gonna run they shit," and "Show em a real one way lifestyle."

After Ersheen threw the first punch at Guidinetti in the garage, the two brawled, punching each other before grappling on the floor. Stoudemire testified that he, Calvin, and Mulugeta stood by the garage door as Guidinetti and Ersheen clashed.

Burkard testified that he heard the fight and went down to the garage. He entered the garage through the inner door from the home as Guidinetti and Ersheen were wrestling on the floor. Burkard was holding a handgun, which he aimed at Ersheen. Burkard then took aim at Calvin, Stoudemire, and Mulugeta. They pleaded with Burkard to put down the gun, saying this was a "one-on-one fight" between Ersheen and Guidinetti.

At that point, Ersheen and Guidinetti stopped fighting. Guidinetti stood up and yelled at everyone to get out of his garage. As Ersheen was getting up, Burkard shot him.[2] Ersheen collapsed. Calvin, Stoudemire, and Mulugeta opened the garage door and fled. After crossing the street, Stoudemire saw Calvin collapse. Stoudemire called 911, assuming (correctly) that Calvin had also been shot. Guidinetti also called 911.

When Fairfax County Police Officer Eric Adams arrived, Calvin was lying face down on the sidewalk. Seeing that Calvin had been shot twice in the back, Adams began rendering aid.

When Officer Dwayne Daniels arrived, he heard a call for help from down the street. Daniels and another officer saw Guidinetti walking toward them. Guidinetti said "there's somebody in my garage bleeding out."

When Daniels reached the garage, Burkard was trying to help Ersheen, who was "lying on the floor in a pool of blood." Burkard identified himself as the shooter. Other officers arrived to take care of Ersheen, and Daniels arrested Burkard.

Ersheen died in the garage. Calvin was declared dead at the hospital. Autopsies showed that Ersheen died from two gunshot wounds to the chest, and Calvin died from two gunshot wounds to the back. Officers recovered four shell casings from Guidinetti's residence and a Polymer-80 9mm pistol. Forensic testing tied the pistol to the shell casings as well as to the bullets that killed Ersheen and Calvin.
Burkard v. Commonwealth, 0302-23-4 (Va. App. Sep 10, 2024)

Outcome: Affirmed

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