Could D4vd Face the Death Penalty? Special Circumstances Explained
D4vd is currently preparing for his trial on charges of murder. The singer, whose real name is David Anthony Burke, currently faces charges of assaulting Celeste Rivas Hernandez, a minor, before killing and dismembering her. Hernandez’s family said they want to see Burke receive the death penalty. Is this likely to happen
D4vd will go on trial for the murder of Celeste Rivas Hernandez
Burke and Hernandez were allegedly in a relationship that began in 2023, when she was 13 years old. In 2025, Hernandez’s body was found in the trunk of Burke’s car. Police arrested Burke in 2026.
Burke has been charged with first-degree murder, sexual abuse of a child under the age of 14, and the mutilation of human remains. Prosecutors say that there are also three special circumstances: murder of a witness, murder for financial gain, and murder by means of lying in wait.
Burke denies the allegations against him and pleads not guilty.
Could D4vd face the death penalty?
The family of Hernandez currently seeks the death penalty in the case.
“If the death penalty were activated, it would be perfect for this kind of human being, devoid of feelings and emptiness inside, and without conscience, who only caused pain to our daughter, our family, and the world that supports our precious daughter,” read a statement from the family, via Rolling Stone. “But that’s not in our hands, but rather in God’s, and the California justice system.”
District Attorney Nathan Hochman will consider the aggravating factors as well as a mitigation packet from the defense. This presents information that could help prevent the death penalty.
In California, where the trial is taking place, a first-degree murder conviction with special circumstances is punishable by life in prison without the possibility of parole or death. Hochman’s office may consider the death penalty in special circumstances murder cases, though it is very rare.
Even if Burke receives the death penalty, though, California has had a moratorium on executions since 2019. The state last carried out an execution in 2006. While people can still receive the death penalty, the moratorium prevents executions from taking place.
Her family sued him
Hernandez’s parents are currently suing Burke for the wrongful death of their daughter.
“At all relevant times Burke was an adult who occupied a position of authority over decedent, a minor, and was able to and did exercise undue influence and control over her, including by providing her a concealed cellular telephone to maintain contact outside her parents’ knowledge, using false identities, and arranging and paying for her travel,” reads the suit.
The suit also names Burke’s management company, manager, security guard, and mother. The filing came on what would have been Hernandez’s 16th birthday.
