Prosecution presents abortion texts in D4vd murder case preliminary hearing

Prosecution presents abortion texts in D4vd murder case preliminary hearing

Text messages showing that 14-year-old Celeste Rivas Hernandez had an abortion following a sexual encounter with American singer D4vd were presented Friday in a Los Angeles court, as prosecutors continued building their case against the musician accused of killing and dismembering the teenager.

The messages, exchanged approximately a year before Hernandez's death, were revealed on the fourth day of a preliminary hearing to determine whether sufficient evidence exists to prosecute David Anthony Burke, the singer's legal name. A preliminary hearing in California felony cases serves as a probable cause hearing before a judge, where the prosecution must present enough evidence to establish a case for all elements of the crime before proceeding to trial.

In the text exchanges, Burke asks Hernandez when she plans to have an abortion and writes, "it is mine right?" according to testimony presented in court. Hernandez, who was 13 years old at the time of the messages, responds: "of course its yours David."

Charges and legal background

Burke faces charges of murder, continuous sexual abuse of a child under the age of 14, and unlawful mutilation of human remains. Under California law, sexual intercourse with anyone under 18 is illegal regardless of consent, as the age of consent in the state is 18. The charge of continuous sexual abuse requires three or more acts of substantial sexual conduct with a minor under 14 occurring over at least three months by someone with recurring access to the child. The offense carries a potential sentence of up to 16 years in state prison and requires lifetime sex offender registration.

Prosecutors allege that Burke stabbed Hernandez to death in April 2025 and subsequently dismembered her body with a chainsaw. According to charging papers, the killing was motivated by the victim's threat to expose their illegal sexual relationship, which prosecutors say would have jeopardized Burke's music career.

Burke's rise to fame

The singer achieved rapid fame after his song "Romantic Homicide," recorded in his sister's closet and initially released through DistroKid on July 20, 2022, went viral on TikTok in September 2022. The track accumulated over 245,000 clips on the platform and earned Burke a record deal with Darkroom and Interscope Records, both owned by Universal Music Group. His success culminated in a performance at the Coachella music festival in 2025, demonstrating the mainstream recognition he had achieved before his arrest.

Discovery of remains and evidence

Hernandez's decomposing remains were discovered in September in the trunk of a Tesla registered to Burke. The vehicle had been towed to a Hollywood impound lot.

Los Angeles Police Department detective Corey Farrell testified Friday that Burke's iPhone contained numerous photographs showing him engaged in sexual activity with Hernandez. Dr. Grant Ho, who performed the autopsy, also took the stand, explaining that determining how long the teenager had been deceased was "extremely difficult" due to the severely decomposed state of her remains.

Defense attorney Marilyn Bednarski questioned Dr. Ho in a manner suggesting Hernandez might have injured herself or been killed during a struggle. "You can't rule out that she would have been holding the instrument that caused either of those wounds?" Bednarski asked. The doctor agreed but noted he had not found hesitation marks typically present in suicide and self-harm cases.

Potential sentencing and next steps

Burke has been held without bail since his arrest in April 2026. If convicted, he could face life imprisonment or the death penalty, though California has not executed anyone since January 17, 2006. Governor Gavin Newsom imposed a moratorium on executions in 2019, and as of May 2026, 573 inmates remain under sentence of death in the state, the largest condemned population in the United States.

The preliminary hearing is expected to conclude Monday, with prosecutors continuing to call witnesses and present evidence while the defense exercises its right to cross-examine witnesses.