Judge Karen Howze found probable cause Tuesday in the case against Andre Burks. Burks is accused of participating in the shooting death of Antwan Boseman.
Burks, 26, is serving a sentence for a robbery charge until July 2015. A preliminary hearing in the murder case is scheduled January 24, 2014. He is suspected of second-degree murder.
In the early morning of August 4, 2012, police found two men suffering from a gunshot wounds in front of 836 Barnaby Street Southeast. Both men were transported to the hospital; one man survived and the other, Boseman, died.
According to charging documents, one witness told police that the men were part of a group trying to resolve a neighborhood argument about an assault. The witness said that during the conversation, Burks made “references to ‘gun play’ and further altercations that would occur over the next week,” state documents. According to the documents, the witness further reported that Boseman “took exception” to Burks comments and the two exchanged words before Burks left the area.
Shortly after that, the witness said that Burks and two other individuals followed Boseman out of a nearby walkway. According to the witness, Boseman started to argue with Burks and the two other men. Then one of the other individuals stepped away and produced a handgun, the witness told police. The individual tried to shoot the gun in the air, but the gun malfunctioned, according to the witness. The second person with Burks took the gun and approached Boseman, the witness said.
The witness chose that moment to run for cover in a nearby building, documents state. In the building, the witness said that it heard several gunshots. After the witness left the building, it saw Boseman and Burks suffering from gunshots, court documents state.
Another witness told police that after hearing a gunshot and someone yell, “I’m hit!”, the witness saw Burks pointing a gun at the surviving victim. This witness said that Boseman stood in front of Burks, arguing with him. The witness also chose to run for cover and heard several gunshots, documents state. After the conclusion of the gunshots, the witness told police that it saw two people suffering from gunshot wounds.
Charging documents are below.