Score:   1
Docket Number:   WD-MO  4:18-cr-00036
Case Name:   USA v. Burkhalter et al
  Press Releases:
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.

KANSAS CITY, Mo. – Timothy A. Garrison, United States Attorney for the Western District of Missouri, announced today that seven defendants have been indicted on charges related to two murders.

Shawn Burkhalter, also known as “Deuce,” 29, Sharika Hooker, 29, and Autry Hines, also known as “Bud,” 26, all of Kansas City, Mo.; Joslyn Lee, also known as “Bless,” 26, and Nickayla Jones, 22, both of Blue Springs, Mo.; Rachel Ryce, 30, of Raytown, Mo.; and Joshua Nesbitt, also known as “T,” 23, of Crowder, Miss., were charged in a 14-count indictment returned under seal on Wednesday, Feb. 21, 2018. The indictment was unsealed and made public today upon the arrests of Lee and Hooker. The remaining defendants are already in state custody on related charges.

The federal indictment contains four capital counts related to the murders of two individuals.

Murder of Danny Lamont Dean

The indictment alleges that Burkhalter and Nesbitt shot and killed Danny Lamont Dean on Sept. 10, 2015, while robbing him of cocaine. Burkhalter and Nesbitt are charged together in one count of using a firearm to commit murder in relation to a drug-trafficking crime. They allegedly used a Rock River Arms AR-15 5.56-caliber semi-automatic rifle. 

Lee is charged with one count of being an accessory after the fact. She allegedly assisted Burkhalter and Nesbitt after the murder in order to hinder and prevent their apprehension, trial and punishment.

Murder of Anthony Dwayne Johnson

The indictment alleges that Nesbitt shot and killed Anthony Dwayne Johnson on Oct. 4, 2015. Burkhalter and Nesbitt are charged together in a second count of using a firearm to commit murder in relation to a drug-trafficking crime; the indictment alleges that the murder occurred while they were robbing marijuana from an apartment. Burkhalter and Nesbitt are also charged in one count of murdering a potential witness; the indictment alleges that the murder occurred in order to prevent the victim’s testimony and to prevent him from communicating with law enforcement. They allegedly used the same AR-15 rifle.

Burkhalter, Nesbitt, Lee, Jones, Hines and Ryce are charged together with participating in a witness and evidence-tampering conspiracy. Their objectives were to kill or at least intimidate and threaten Johnson, the indictment says. Nesbitt, Lee, Jones, Hines and Ryce allegedly stashed the AR-15 rifle at a residence.

Lee, Jones, Hines, Ryce and Hooker are charged together with being accessories after the fact. The indictment alleges that they assisted Burkhalter and Nesbitt by, anmong other things, taking steps to hide or destroy evidence pertaining to the murder. Hooker allegedly assisted Burkhalter and Nesbitt by providing Nesbitt with sanctuary and money after the murder.

Drug-Trafficking Conspiracy

    Six of the seven defendants – Burkhalter, Nesbitt, Lee, Jones, Hines and Ryce – 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 with the intent to distribute on Sept. 10, 2015.

Burkhalter and Nesbitt 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, Lee, Jones, Hines and Ryce 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 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.

Garrison cautioned that 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.

 

Docket (0 Docs):   https://docs.google.com/spreadsheets/d/1HTi61Uxht8_v48Y68Uen9OOEEZC0vpethZUsJbsQ3mA
  Last Updated: 2024-03-18 00:15:14 UTC
Description: The fiscal year of the data file obtained from the AOUSC
Format: YYYY

Description: The code of the federal judicial circuit where the case was located
Format: A2

Description: The code of the federal judicial district where the case was located
Format: A2

Description: The code of the district office where the case was located
Format: A2

Description: Docket number assigned by the district to the case
Format: A7

Description: A unique number assigned to each defendant in a case which cannot be modified by the court
Format: A3

Description: A unique number assigned to each defendant in a case which can be modified by the court
Format: A3

Description: A sequential number indicating whether a case is an original proceeding or a reopen
Format: N5

Description: Case type associated with the current defendant record
Format: A2

Description: A concatenation of district, office, docket number, case type, defendant number, and reopen sequence number
Format: A18

Description: A concatenation of district, office, docket number, case type, and reopen sequence number
Format: A15

Description: The status of the defendant as assigned by the AOUSC
Format: A2

Description: A code indicating the fugitive status of a defendant
Format: A1

Description: The date upon which a defendant became a fugitive
Format: YYYYMMDD

Description: The date upon which a fugitive defendant was taken into custody
Format: YYYYMMDD

Description: The date when a case was first docketed in the district court
Format: YYYYMMDD

Description: The date upon which proceedings in a case commenced on charges pending in the district court where the defendant appeared, or the date of the defendant’s felony-waiver of indictment
Format: YYYYMMDD

Description: A code used to identify the nature of the proceeding
Format: N2

Description: The date when a defendant first appeared before a judicial officer in the district court where a charge was pending
Format: YYYYMMDD

Description: A code indicating the event by which a defendant appeared before a judicial officer in the district court where a charge was pending
Format: A2

Description: A code indicating the type of legal counsel assigned to a defendant
Format: N2

Description: The title and section of the U.S. Code applicable to the offense committed which carried the highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE1
Format: N2

Description: The four digit AO offense code associated with FTITLE1
Format: A4

Description: The four digit D2 offense code associated with FTITLE1
Format: A4

Description: A code indicating the severity associated with FTITLE1
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the second highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE2
Format: N2

Description: The four digit AO offense code associated with FTITLE2
Format: A4

Description: The four digit D2 offense code associated with FTITLE2
Format: A4

Description: A code indicating the severity associated with FTITLE2
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the third highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE3
Format: N2

Description: The four digit AO offense code associated with FTITLE3
Format: A4

Description: The four digit D2 offense code associated with FTITLE3
Format: A4

Description: A code indicating the severity associated with FTITLE3
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fourth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE4
Format: N2

Description: The four digit AO offense code associated with FTITLE4
Format: A4

Description: The four digit D2 offense code associated with FTITLE4
Format: A4

Description: A code indicating the severity associated with FTITLE4
Format: A3

Description: The title and section of the U.S. Code applicable to the offense committed which carried the fifth highest severity
Format: A20

Description: A code indicating the level of offense associated with FTITLE5
Format: N2

Description: The four digit AO offense code associated with FTITLE5
Format: A4

Description: The four digit D2 offense code associated with FTITLE5
Format: A4

Description: A code indicating the severity associated with FTITLE5
Format: A3

Description: The FIPS code used to indicate the county or parish where an offense was committed
Format: A5

Description: The date of the last action taken on the record
Format: YYYYMMDD

Description: The date upon which judicial proceedings before the court concluded
Format: YYYYMMDD

Description: The date upon which the final sentence is recorded on the docket
Format: YYYYMMDD

Description: The date upon which the case was closed
Format: YYYYMMDD

Description: The total fine imposed at sentencing for all offenses of which the defendant was convicted and a fine was imposed
Format: N8

Description: A count of defendants filed including inter-district transfers
Format: N1

Description: A count of defendants filed excluding inter-district transfers
Format: N1

Description: A count of original proceedings commenced
Format: N1

Description: A count of defendants filed whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants terminated including interdistrict transfers
Format: N1

Description: A count of defendants terminated excluding interdistrict transfers
Format: N1

Description: A count of original proceedings terminated
Format: N1

Description: A count of defendants terminated whose proceedings commenced by reopen, remand, appeal, or retrial
Format: N1

Description: A count of defendants pending as of the last day of the period including long term fugitives
Format: N1

Description: A count of defendants pending as of the last day of the period excluding long term fugitives
Format: N1

Description: The source from which the data were loaded into the AOUSC’s NewSTATS database
Format: A10

Description: A sequential number indicating the iteration of the defendant record
Format: N2

Description: The date the record was loaded into the AOUSC’s NewSTATS database
Format: YYYYMMDD

Description: Statistical year ID label on data file obtained from the AOUSC which represents termination year
Format: YYYY

Data imported from FJC Integrated Database
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