KANSAS CITY, Mo. – The U.S. Attorney’s Office for the
Western District of Missouri has filed a notice of intent to seek the death
penalty against two men previously charged in two area murders.
Shawn Burkhalter, also known as “Deuce,” 30, of Kansas City,
Missouri, and Joshua Nesbitt, also known as “T,” 25, of Crowder, Mississippi,
were indicted last year for the murders of Anthony Dwayne Johnson and Danny
Lamont Dean. On Tuesday, July 30, the government filed a notice of intent to
seek the death penalty against Burkhalter and Nesbitt.
The notice of intent states that the government believes a
sentence of death is justified for Johnson’s murder in furtherance of an
evidence-tampering conspiracy, for Johnson’s murder as a potential witness, and
for Johnson’s murder in furtherance of a drug-trafficking crime. The notice
also states that the government believes a sentence of death is justified for
Dean’s murder in furtherance of a drug trafficking crime. Each of those four
counts of the indictment carry a possible sentence of death.
Murder of Anthony Dwayne Johnson
The federal indictment alleges that Burkhalter and Nesbitt
shot and killed Johnson on Oct. 4, 2015, using a Rock River Arms AR-15
5.56-caliber semi-automatic rifle.
Burkhalter and Nesbitt are charged together in one count of
murdering a potential witness. The indictment alleges that Johnson’s murder
occurred in order to prevent his testimony and to prevent him from
communicating with law enforcement.
Burkhalter and Nesbitt also are charged together with
participating in a witness- and evidence-tampering conspiracy that resulted in
Johnson’s murder. Their objective, the indictment says, was to kill or at least
intimidate and threaten Johnson to prevent his testimony and to prevent him
from communicating with law enforcement. They also allegedly threatened to kill
another person, identified as “Witness #1,” to cause that person to help
conceal the AR-15 rifle used to murder Johnson and Dean, so that it could not
be used as evidence.
Burkhalter and Nesbitt also are charged together with using
a firearm to commit murder during and in relation to a drug-trafficking crime.
The indictment alleges that Johnson’s murder occurred during a robbery of
marijuana from an apartment.
Murder of Danny Lamont Dean
The indictment alleges that Burkhalter and Nesbitt shot and
killed Dean on Sept. 10, 2015, while robbing him of cocaine. They allegedly
used the same AR-15 rifle. Burkhalter and Nesbitt are charged together in one
count of using a firearm to commit murder during and in relation to a drug-trafficking
crime.
Superseding Indictment
Burkhalter and Nesbitt were originally charged in a Feb. 21,
2018, federal indictment. A federal grand jury in Kansas City, Missouri,
returned a superseding indictment on Tuesday, July 30, 2019, that contains two
additional charges against Burkhalter and Nesbitt. The superseding indictment
also charges an additional defendant.
The superseding indictment charges Burkhalter and Nesbitt
with evidence tampering (related to the conspiracy) and charges Burkhalter with
witness tampering. Burkhalter, while in pretrial detention after his arrest,
allegedly threatened a person identified as “Witness #2” by using another
detainee to pass a message to Witness #2, who was being held at a different
detention facility.
Anthony Peltier, also known as “A-1,” 37, of Lawrence,
Kansas, is also charged in the superseding indictment, along with the original
co-defendants – Sharika Hooker, 30, and Autry Hines, also known as “Bud,” 28,
both of Kansas City, Mo.; Nickayla Jones, also known as “Red,” 24, of Blue
Springs, Mo.; and Rachel Ryce, 31, of Raytown, Mo. Co-defendant Joslyn Lee,
also known as “Bless,” 27, of Blue Springs, has already pleaded guilty and
therefore is not charged in the superseding indictment.
The superseding indictment retains the original charges
against several co-defendants. Jones, Hines, and Ryce are charged with
participating with Burkhalter and Nesbitt in the witness and evidence-tampering
conspiracy that resulted in Johnson’s murder. Jones, Hines, Ryce, Hooker, and
Peltier are charged together with being accessories after the fact of Johnson’s
murder. The indictment alleges they assisted Burkhalter and Nesbitt by, among
other things, taking steps to hide or destroy evidence pertaining to the murder
of Johnson.
Drug-Trafficking Conspiracy
Six of the seven
defendants – Burkhalter, Nesbitt, Jones, Hines, Ryce and Peltier – are charged
with participating in a conspiracy to distribute cocaine and marijuana from
2008 to Feb. 20, 2018.
In addition to the conspiracy, Burkhalter and Nesbitt are
charged together with one count of possessing cocaine (which they allegedly
stole from Dean) with the intent to distribute on Sept. 10, 2015.
Burkhalter and Nesbitt also are charged together with one
count of discharging a firearm in furtherance of a drug-trafficking crime,
related to the discharge of the AR-15 rifle in furtherance of the
drug-traffficking conspiracy and the possession of cocaine to distribute.
Burkhalter, Nesbitt, Jones, Hines and Ryce also are charged
together with possessing marijuana with the intent to distribute on Oct. 4,
2015. The indictment alleges that they intended to sell a quantity of the
marijuana they robbed from Johnson on that date. They are also charged together
in one count of discharging a firearm in furtherance of a drug-trafficking
crime.
Armed Robbery
Burkhalter and
Nesbitt are charged together in one count with robbing a Kansas City, Mo.,
business on Sept. 8, 2015, and in one count with brandishing a firearm (the
same AR-15 rifle) in furtherance of a crime of violence. Burkhalter and Nesbitt
are also charged together in one count of being felons in possession of a
firearm.
The charges contained in this indictment are simply
accusations, and not evidence of guilt. Evidence supporting the charges must be
presented to a federal trial jury, whose duty is to determine guilt or
innocence.
This case is being prosecuted by Assistant U.S. Attorneys
David Raskin and Adam Caine. It was investigated by the FBI and the Kansas
City, Mo., Police Department.
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