D4vd has switched to a public defender after his private attorneys withdrew from his murder case.
David Burke, 21, the singer known as D4vd, appeared in a Los Angeles courtroom Monday in an orange jumpsuit and glasses, his hands unshackled after entering. Celebrity attorney Blair Berk informed the judge that Burke was seeking representation from the Los Angeles County Public Defender’s Office and requested permission for herself and attorney Marilyn Bednarski to withdraw. When the judge asked Burke directly whether that was his wish, he replied:
“Yes, your honor.”
The judge granted the withdrawal and appointed the public defender after determining Burke qualified for appointed counsel. Berk’s team then turned over its case files to the new representation. Burke’s newly appointed attorney immediately sought to delay his arraignment, but the judge denied that request and entered not guilty pleas to all three charges on Burke’s behalf. A status conference was set for Oct. 19.
In a statement following the hearing, Berk, Bednarski and attorney Regina Peter said: “This morning the court granted our request to withdraw as counsel and appoint the Los Angeles County Public Defender’s Office, after it was determined David qualified for appointed counsel. We continue to support David and his defense against these serious charges. We are grateful that the Los Angeles County Public Defender’s Office has taken over the representation and that David has a highly capable and committed team of attorneys and investigators behind him.”
The timing of the attorney switch carries significant stakes. Los Angeles District Attorney Nathan Hochman faces an impending decision on whether to seek the death penalty if Burke is convicted.
The case against Burke includes graphic forensic evidence and disturbing text exchanges. At a preliminary hearing just over a month ago, Deputy Medical Examiner Grant Ho testified that Rivas’ body weighed only 71 pounds during autopsy and was “markedly decomposed.” Ho noted “trauma to body, particularly the extremities,” and revealed that Rivas’ braces were discovered during the examination. He identified two wounds — one on the right abdomen that punctured her liver and was compatible with “sharp force injury,” and another on her chest that may “represent a gunshot wound,” though that remained unclear. Ho testified that either wound could have been fatal, with the chest wound allowing air to enter and the liver wound causing life-threatening internal bleeding.
The courtroom was shown horrific photos of Rivas’ dismembered remains, including images of her hands and fingers, some of which had been removed. Her parents, Jesus Rivas and Mercedes Martinez, watched in horror as shocking images of their daughter’s decapitated and mutilated corpse were displayed. The devastated couple was later spotted crying in the courthouse hallway after viewing images of her severed limbs, head, torso and fingers, which were allegedly found in the trunk of Burke’s Tesla.
The final days of the preliminary hearing revealed bombshell text messages allegedly showing Rivas was only 13 when she became pregnant with Burke’s child and subsequently had an abortion. Prosecutors said the exchange occurred in January 2024, when Burke was 18. In the messages, Burke allegedly apologized to Rivas, writing:
“I’m sorry again baby i didnt want to ever put you through this.”
Rivas allegedly responded: “No its ok. Don’t worry both of us are able to take care of it.” She later added: “Don’t worry about it my love.” The pair then discussed timing, with Burke allegedly asking, “When you gonna get it done?” Burke also questioned paternity, writing: “My mom said I have to ask this question, don’t get offended, but is it mine?” Rivas allegedly replied: “Of course it is David.” Messages from the following day, Jan. 9, 2024, allegedly indicated the abortion had been completed.
Rivas was 14 when she was allegedly stabbed to death by Burke, who prosecutors say cut her body into several pieces, stuffed it into bags and loaded it into his car. Hochman has told media to expect evidence not yet seen at the upcoming trial, which is anticipated to run longer than the five-day preliminary hearing.
Burke’s next court date is the status conference scheduled for Oct. 19 in Los Angeles.