The family of the 14-year-old girl allegedly killed by singer D4vd called on Los Angeles County District Attorney Nathan Hochman to seek the death penalty against him.
The Rivas Hernandez family released the statement Monday, Sept. 7, on what would have been Celeste Rivas Hernandez's 16th birthday. David Anthony Burke, 21, the singer known as D4vd (pronounced "David"), has pleaded not guilty to murder and other charges stemming from her death.
"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," the family said in a statement provided to media, according to Spectrum News.
Hochman has not decided whether to seek the death penalty. He said after Burke's Aug. 31 arraignment that his office was awaiting a mitigation packet from Burke's previous legal team but had not received it, the New York Post reported. Hochman said he would give the new public defender time to submit one.
Earlier in 2026, Hochman reversed the prior administration's blanket ban on seeking the death penalty. Under his new policy, prosecutors may pursue it "only in exceedingly rare cases" after a comprehensive review, according to Hochman's statement. California has not executed a prisoner since January 2006, and Gov. Gavin Newsom placed a moratorium on executions in 2019.
Public defender dispute
The family also challenged Burke's use of a taxpayer-funded public defender. In a separate statement released through attorney Patrick W. Steinfeld, the family said it was "shocked" Burke claims to be indigent, LA Mag reported.
Steinfeld alleged Burke controls three limited liability companies: D4VD Entertainment, Skullrose Merchandise and Headspace Publishing. He argued Burke should direct one of those companies to distribute funds for his defense rather than relying on taxpayers.
Testimony at a July preliminary hearing supports the family's concern about Burke's wealth. Benjamin Greger, a former financial manager at Burke's management company Mogul Vision, testified Burke earned roughly $10 million to $11.5 million in gross income through recording, merchandising and music-publishing deals from 2023 through 2025, Rolling Stone reported. Greger also testified he discussed transferring Texas properties in Burke's name to his mother, Colleen Burke, to shield assets from a potential civil lawsuit by the victim's family.
The LA County Public Defender's Office said it completed a financial evaluation and determined Burke was eligible for representation but declined to disclose details. Burke's public defender has not publicly responded to the family's Sept. 7 challenge to his indigency claim.
The charges
Burke was charged April 20 with murder with special circumstances in the 2025 death of Celeste Rivas Hernandez. The special circumstance allegations include lying in wait, murder for financial gain and killing a witness. He also faces one count each of continuous sexual abuse of a child under 14 and mutilation of human remains.
Prosecutors allege Burke killed the girl to prevent her from going public about a lengthy sexual relationship that they say could have damaged his music career. Her remains were found Sept. 8, 2025, in the trunk of Burke's Tesla at a Hollywood tow yard. A prosecution filing stated the vehicle had been towed three days earlier from about 400 feet from Burke's Hollywood Hills home.
The LA County Medical Examiner determined the cause of death was multiple penetrating injuries. The manner of death was ruled a homicide.
Burke's three previous attorneys withdrew from the case Aug. 31. Deputy Public Defender Walid Kandeel took over his defense at the arraignment. Burke remains jailed without bail.
His next court date is Oct. 19 for a status conference at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles.
