D4vd Murder Case: How Texas Law Treats Capital Murder of a Child and Abuse of a Corpse

The criminal case against the chart-topping singer known as d4vd — whose preliminary hearing is set to begin later this month in Los Angeles — has drawn national attention for both its disturbing allegations and the unusually serious charges involved. Here is how the same conduct would be charged and prosecuted under Texas criminal law in Frisco and across the Dallas–Fort Worth area.

What Is Happening in the Case

David Anthony Burke, the 21-year-old musician known professionally as d4vd, has been charged in Los Angeles County with first-degree murder with special circumstances, continuous sexual abuse of a child under the age of 14, and unlawful mutilation of human remains, in connection with the death of 14-year-old Celeste Rivas Hernandez. As reported by ABC7 Los Angeles, prosecutors allege the special circumstances of lying in wait, murder for financial gain, and killing a witness to an investigation. A judge has set the preliminary hearing for late June to determine whether the case will proceed to trial.

Burke has pleaded not guilty to all charges, and his attorneys maintain his innocence, stating that the evidence will show he did not cause the teen's death. Nothing in this commentary should be read as an opinion on Burke's guilt or innocence, or as a prediction about the outcome of the California proceedings — that is for the courts in that jurisdiction to decide. Our purpose is to explain how Texas law would treat this combination of allegations.

How Texas Would Charge a Murder Like This

In Texas, an intentional killing is ordinarily charged as murder under Penal Code Section 19.02, a first-degree felony punishable by 5 to 99 years or life in prison. But Texas elevates certain killings to capital murder under Section 19.03. Among the qualifying circumstances: murdering a child younger than 15, killing committed for remuneration or the promise of remuneration, and murdering a person to prevent or retaliate for their participation as a witness. A killing alleged to silence a young victim would squarely implicate these provisions.

Capital murder in Texas carries only two possible punishments: life in prison without the possibility of parole, or the death penalty. The decision whether to seek death rests with the elected district attorney in the county of prosecution. Because the threshold facts that make a case "capital" are charged as elements, the State must prove each of them to a jury beyond a reasonable doubt.

The Child Sexual Abuse Allegations Under Texas Law

The allegation of an ongoing sexual relationship with a child would, in Texas, most likely be charged under Penal Code Section 21.02, continuous sexual abuse of a young child. That statute applies when a person commits two or more acts of sexual abuse against a child younger than 14 over a period of 30 or more days. It is a first-degree felony with a minimum sentence of 25 years and a maximum of 99 years or life — and, critically, no parole eligibility until the sentence is fully served.

Texas treats these offenses with extraordinary severity. There is no statute of limitations for continuous sexual abuse of a young child, and a conviction carries lifetime sex-offender registration. The mental state, the age of the child, and the number and timing of alleged acts each become central battlegrounds in how such a case is charged and defended.

Abuse of a Corpse in Texas

The allegation involving mutilation of human remains corresponds to Texas Penal Code Section 42.08, abuse of a corpse. Conduct such as disinterring, mutilating, or concealing a human corpse can be charged as a state-jail felony, and the offense rises to a second-degree felony when the conduct involves removing, concealing, or destroying a corpse to impair its availability as evidence. In a homicide investigation, that evidentiary dimension is often what transforms a corpse-abuse allegation into a far more serious charge.

How These Cases Are Handled in Frisco and DFW

In Collin, Dallas, Denton, and surrounding counties, capital and child-victim cases are prosecuted by specialized units and tried in the felony district courts. The stakes could not be higher, which is why early, experienced defense work matters so much. That work includes scrutinizing the legality of every search warrant, challenging the chain of custody on forensic and digital evidence, testing the reliability of the State's timeline, and ensuring the accused's constitutional rights are protected from the first interview forward.

At L&L Law Group, PLLC, we defend people accused of the most serious offenses throughout Frisco, Collin County, and the greater DFW area. We hold the State to its burden on every element, examine whether evidence was lawfully obtained, and make certain our clients are not convicted in the court of public opinion before they ever reach a courtroom. If you or a loved one is under investigation or facing a serious felony charge, we offer a free, confidential consultation to discuss your options.