Judge Rhonda Winston ruled Friday that there is probable cause in the case against Andre Burks, held in connection with the shooting death of Antwan Boseman; Burks is suspected of second-degree murder in the case.
Boseman was one of two men found by police shot at the 800 block of Barnaby Street Southeast at around 2 A.M. on August 4, 2012. Both were transported to the hospital. Boseman died and the other man survived.
At a preliminary hearing Friday, MPD Detective Gabriel Truby testified that the shooting stemmed from two fights earlier on August 3, each becoming more violent than the last.
After the second fight, prosecutors said, Burks made reference to “gun play” that would ensue if his opponents didn’t back down, Truby testified that a witness told him.
Truby described two opposing groups of men from the apartments as being from either the “Up Top” or the “Down Bottom” group.
“There was a retaliatory fistfight before the shooting,” said Truby.
About an hour after the exchange, Truby said, Burks, Boseman, and others argued again. One man attempted to shoot a gun in the air, but it malfunctioned.
Truby said that one witness described that after hearing shots they looked up and saw Burks pointing a gun at Boseman, still arguing with him. The witness ran for cover and heard several gunshots.
Burks’ defense attorneys argued that those accounts though were not to be trusted. The only witness who identified Burks had admitted to taking ecstasy and drinking at least four alcoholic beverages on the night of the incident, defense attorneys said.
Still, Winston moved the case forward.
“It may not be the strongest case for probable cause, but there is probable cause,” she said.
A felony status hearing is set for June 5, 2014.
